BOOK 15 PAGE 362
WORKSHOP MEETING OF THE BOARD, JULY 2, 1993 COMPREHENSIVE PLAN ECONOMIC ANALYSIS
The meeting was called to order at 9:00 A.M. with the following members present:
James L. Gose Carl Cool Archie Summers Louise Graham C. "Guy" Maxcy Jeff Ludwig Doris Gentry
Also participating in the Workshop were Rick Lilyquist, County Engineer, Bill Benson, representing the Property Appraiser's office and Doug Leonard of the Central Florida Regional Planning Council.
The Chairman relinquished the floor to the County Administrator.
1) County Administrator - slide presentation - "HOW TO DO AN ECONOMIC ANALYSIS." See SMB 18 Page 130.
1991 Comprehensive Plan - Sewer and Water, Phase I and Phase II
2) Jeff Ludwig - County Planner - 1991 Comp Plan law of the Land until declared different.
3) Doug Leonard, Central Florida Regional Planning Council, How the Comp Plan works, Growth Management, Agreement on Analysis, Capital Improvement Standpoint, Private Development Actions Impact, What Economic Impact on the County, Objectives - Economic Element, Funding - Special Grants, Urban State and Local Planning Grants. See SMB 18 Page 131.
Commissioner Summers arrived at the meeting at 10:30 A. M.
PUBLIC INPUT: 1) (a) Jackie Fauls-question to Bill Benson, Property Appraiser's office - Will the Comp Plan devalue property or increase valuation?
(b) Proposed Amendments - Cost associated with Planner position, supplies, and vesting
(c) Conservation Overlay Map - 93-94, Consultants cost, Plan to date cost
(d) How cost will be funded
2) (a) Mark George - Full complete cost and effect of cost base (b) Doug Leonard, Lengthy time to bring Plan into compliance
3) (a) Joe Clark - Leisure Lakes Lots - devalue of property, negative impact - adversely impact community. (b) Doug Leonard - Timing - solutions will develop
4) (a) Greg Harris - Comp Plan Amendments with DCA (b) Doug Leonard - Amendment process shortened (190 to 150 days). Improvement in that area.
5) (a) Vince Woeppel - agrees with Joe Clark's summation.
6) (a) Kris Delaney - Environmental Council - Value of Environment - concerns to Economic Element - 5% Gas Tax appropriate for implementation - Restrict to Transportation Trust Fund. BOOK 15 PAGE 363
7) (a) Mike Johnson - Winding Waters concerns
BOARD DISCUSSION: 1) (a) Gose - Tracking mechanism (b) Doug Leonard - Comparisons to existing before and after. EARS update
(c) County Administrator - monitoring of development cost (3 years)
2) (a) Summers - Do not like DCA Plan. Determine which will be the smallest cost to taxpayers. (b) J. W. Jones - letter stating ideas
The Chairman directed the County Administrator to meet with staff and come up with recommendations for future cost for the implementation of the Comp Plan, and place back on the agenda.
The meeting adjourned at 12:00 P. M.
______Chairman
Attest: ______Clerk
***************************************************************** PUBLIC HEARING OF THE BOARD, AUGUST 11, 1993
The meeting was called to order at 5:30 P.M. with the following members present:
James L. Gose Carl Cool Audrey Vickers J. Ross Macbeth Archie Summers Louise Graham C. Guy Maxcy Doris Gentry
The Chairman advised that this hearing was being held to consider an Ordinance providing for changes to Chapter 12 of the Code of Ordinances, pertaining to zoning. Proof of Publication was entered into the record, and made a part of the permanent record of the Clerks office. See SMB 19 Page 11.
The Board Attorney advised that the only change in the draft that was given to the Board for review was an addition of a new section number 38. The other sections were renumbered after that section. The proposed changes is a clean-up and to readjust some changes that were made in 1989 with B-1, B-2 and B-3. These changes are a compilation of things that has occurred over the past decade.
CHANGES REVIEWED BY THE BOARD ATTORNEY - SECTION 1 - 2 - 3. PRESTON COLBY - QUESTIONS
The Chairman requested that changes regarding Junk Yards should be moved up as the public was interested in that section.
CHANGES REVIEWED BY THE BOARD ATTORNEY - SECTION 12-302 JUNK YARDS PUBLIC PARTICIPATION: GENE WHITAKER BUTCH THOMPSON OF OLD SOUTH JUNK YARD The consensus of the Board was to leave the change as an option and not to enforce as a requirement.
RECESS - 8:05 P. M. - 8:30 P. M.
REVIEW OF CHANGES CONTINUED THROUGH SECTION 71. See Ordinance File for copy of changes
BOARD ATTORNEY - CAPTIONS OF THE ORDINANCE READ INTO THE RECORD.
The County Administrator reported that the next Hearing will be held in the Board of County Commissioners Building on 8/25/93 at 5:30 P. M. for the final adoption.
The meeting adjourned at 9:45 P. M.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 15 PAGE 388
PUBLIC HEARING OF THE BOARD, AUGUST 19, 1993 COMPREHENSIVE PLAN
The meeting was called to order at 5:30 P.M. with the following members present:
James L. Gose L. E. "Luke" Brooker Audrey Vickers Carl Cool Archie Summers J. Ross Macbeth C. Guy Maxcy Louise Graham Doris Gentry
I. Chairman Gose convenes the Public Hearing.
2. County Planner entered proof of publication into the record. See SMB 19 Page 19.
3. Roll call to establish quorum for the record
4. Larry Ford, Legal Assistant - for Senator Dantzler Mary Ann Goza, Legal Assistant - for Representative Harris
5. Planning and Zoning Commission recommendations - Macbeth
6. D.C.A. Comments - Maria Abadall, Tony Arrant
7. Jimmy Livingston - representing Commander Lombar & Grace Twitty Bryant - UGA should be all the way to US 98. Add 3 - 1/4 sections:
SW 1/4, Section 15 - 35 - 29 NE 1/4, Section 15 - 35 - 29 SE 1/4, Section 16 - 35 - 29
8. Gary Gossett - representing Dean Smith - have I-2 zoning now; request to not change to Urban Agriculture, leave as is with I-2 zoning.
9. Joe Clark - NRE Policy 11.7
a) How do you flood proof a home? b) Did we consider N.F.C? c) How are we going to get the septic tank in? d) What are we going to do about the animals in the weeds? e) Define Surface Water Body f) UGA vs Concurrency Management Plan
10. Jeff Futch - opposes changes
11. Pete McDevitt - take UGA out of Plan
a) favors Concurrency Management Plan b) Notice to each land owner c) opposes Wellhead Protection Ordinance
12. Jackie Fauls - Citrus Growers Association
a) Costs - compare Future vs. Past costs to develop b) Duplicate Regulations c) Opposes UGA concept; favors Concurrency Management Plan d) Notify all land owners e) Delete words "whenever possible" in Wellhead Policy BOOK 15 PAGE 389
f) Delete paragraph D2, Page INF-12 g) Do not duplicate regulations - NRE h) No "County Land Clearing Permit" needed. Use other agencies. i) Species of Special Concern should not be in Plan J) Supports using soil survey for the Conservation Overlay Map
Recess 7:10 P. M. - 7:30 P. M.
13. John Payne - Cattlemen's Association - objects to Plan Amendment as:
a) Not beneficial to County b) Unsupported by residents c) Being the dictate of the State d) More regulations means less freedom to determine own destiny e) Negatively impacts County economy f) Creating unwanted bureaucracy
14. Kris Delaney - H.E.C.
a) Data and analysis has not been updated, and do not back up the Plan amendment. b) Plan must be based upon documents c) Where can support documents be inspected? d) Request support documents be adopted as part of the Plan. e) Other agencies have not protected natural resources. f) Well setback - 1,000 feet is justified - should not be changed. g) Land use should be regulated by Local Government h) Species of Special Concern- Protected by Rule 9-J5 i) Supports Lew Carter's suggestion to use soils map for Conservation Overlay. j) Water Body - definition available k) Land Use Maps - not supported by data and analysis l) Supports adoption of Plan amendment
15. John Tallent - Lykes Bros
a) Against duplication of regulations b) Plan is not supported by data and analysis c) Future Land Use Element - Change to Concurrency Manag ement Plan d) FLU Policy 1.4 Consistency Rezones - notify everyone e) Species of Special Concern - not in statutes, but in 9-J5 f) NRE 3.1 Threatened and Endangered Species - should not be in Plan g) NRE 3.1 (b) - opposed to list of publications h) NRE 3.2 - Opposed to current "Conservation Overlay Map" being inadequate to do the job i) NRE 3.7 - Conservation Trust Fund, How much money in Fund? j) Land Clearing Permit - Opposed i) INF 6.4 - Wellhead Protection - No data and analysis to support j) Plan threatens land owners' rights
16. Marvin Kahn - Citrus Grower BOOK 15 PAGE 390
a) Agrees with Jackie Fauls' comments b) Plan creates a system that only the wealthy will be able to afford to work under c) Will offer support if amendment is not passed
17. Hank Kowalski
a) Agree with Kris Delaney b) NRE 3.4 change work "may" to "shall" c) Definition of Wetlands d) Question of Future Land Element
18. Greg Harris
a) Objects to UGA Planning Approach b) Plan will discourage development c) Opposed to duplicate Regulation 19. Marty McKenna
a) Objects to land clearing policy as duplicating regs in place b) Costs for local permits c) Supports Jackie Fauls' comments
20. Jimmy Wohl
a) Opposed to central government controlling the people b) Opposes the entire concept of Planning law and supports joining Santa Rosa County c) Oppose the amendments to Plan
21. Rep. Rick Minton
a) St. Lucie County Plan experience b) Advised the Board to adopt a Plan it can live with c) amendments are lengthy or not cost-effective for very small developments.
22. Leonard Godwin - Westby Corp
a) Opposes Plan amendment as a taking of land without just compensation and as a duplication of existing permit authorities
23. Mark/Minor George (Sebring Development, Inc).
a) Objects to being over-regulated b) Objects to concept of UGA as being counterproductive to existing growth patterns c) favors economic analysis on Plan amendment d) Opposes duplication of regulations in Plan e) Explains Land Use Request No. 6 in Board packet re establish another business center
24. Chip Boring
a) Objects to Plan amendment as presented
25. Greg Reynolds
a) Objects to "socialistic" Plan amendment as being unnecessary regulation on growth: old Plan is acceptable BOOK 15 PAGE 391
b) Objects to UGA concept c) Objects that Natural Resource polices duplicate existing regulations of other agencies
26. Irene Knutson, representing Lucadia Development Group
a) Concerns that the Plan will increase price of land/ housing out of reach for young families b) Supports Rural Village designation for Orange Blossom
27. Larry Sorenson - homeowner
a) Wants adequate water supply b) Wants River put back c) Governments pay twice as much as private d) Lots should be bigger, 108' x 150' e) Need R-1 for manufactured homes f) Put lattice work under stilt homes g) All R-1 homes should have a continuous concrete slab h) Setbacks around lakes should be greater i) A Plan should be good for 30 years
28. Rayford Farrington - Ben Hill Griffin, Inc.
a) The UGA Plan for Highlands County makes land worth less
29. Alan Underwood
a) Opposed to UGA because his land is outside the proposed UGA
30. Steve Miller
a) Opposed to UGA if in amended Plan b) Will support the Board in an appeal process
31. Wendell Whitehouse
a) Summarizes the groups of people who are opposed to the Plan. Indicated it should be rejected
32. Kelsey Payne
a) Encroachment on Constitutional Guarantees
REBUTTALS
1. Mark George 2. Kris Delaney 3. John Tallent 4. Joe Clark 5. Hank Kowalski 6. John Borgmeister
DCA comments - Maria Abadul
Chairman Gose - How to predict Future Land use Growth
The Chairman recessed the meeting at 10:20 P. M. to reconvene on 8/20/93 at 5:30 P. M.
______Chairman BOOK 15 PAGE 392
Attest: ______Clerk
***************************************************************** BOOK 15 PAGE 396
PUBLIC HEARING OF THE OF THE BOARD, AUGUST 20, 1993 COMPREHENSIVE PLAN
The Public Hearing reconvened at 5:30 P.M. with the following members present:
James L. Gose Carl Cool Audrey Vickers J. Ross Macbeth Archie Summers Louise Graham C. Guy Maxcy Jeff Ludwig Doris Gentry
Also present were D.C.A. representatives, Maria Abadul and Tony Arrant.
1. Chairman Gose opened the hearing for public input.
2. Kris Delaney - request for rebuttal after the decision
3. Preston Colby - consider relevance, methodology, data is seven years old.
4. Chauncy P. Ames - residential property being changed to agriculture.
6. Kim O'Conner - Planning Department - hearing procedure
7. Frank Carofano - property on 27
8. Don Greenhaghl - written statement to the Board
9. Joe Clark - property loss values
10. John Borgemeister - red tape taxes, Plan adding more taxes
11. Board Attorney - statement of charges
12. Gentry - Does the 1990 Plan meet State Law?
13. Board Attorney - responded
Motion by Commissioner Gentry, seconded by Commissioner Maxcy to instruct the Attorney to draft an Ordinance to revoke the 1990 Plan.
14. Tony Aarant - better way to proceed - look for solutions
15. Gose - concerns
Break 7:30 - 8:00 P. M.
16. Macbeth - Regional Planning Council will prepare a Plan for the county
17. Gose - existing regulation of DER - Wellhead Protection
18. Vickers - Board needs to correct Plan
19. Kris Delaney - motion out of order
20. Summers - DCA cannot dictate
21. Gose - suggest that we amend Plan, address the six concerns
22. Macbeth - Board cannot vote to repeal Ordinance. It was not BOOK 15 PAGE 397
noticed.
23. Kris Delaney in favor of CFRPC writing Plan
24. John Tallent - look at major issues 95% of Plan is good - three concerns, wellhead protection, landclearing and UGA Map size
25. Jackie Fauls - concerns of Urban Growth, Wellhead, Species Protection and Infrastructure
26. Maxcy - cannot accept Plan - unconstitutional
27. Vickers - cannot accept carte blanche
Motion by Commissioner Vickers, seconded by Commissioner Summers to adopt elements titled Housing, Traffic Circulation, Recreation and Open Space, Capital Improvements and Intergovernmental Coordination. Upon roll call, Commission Maxcy voted nay. All other Commissioners voted aye. The motion carried.
28. Gose - options available to send to DCA
29. UGA discussion
30. Macbeth - issues of UGA
31. Tony Aarant - ask for partial settlement - with stipulated elements and amendments
32. Board failed to take action on the Future Land Use Element.
33. Infrastructure Element - cones of influence
34. No board action on this element
35. Natural Resources Element - Land Clearing, Species of Special Concern, Ground Water, Duplication of Services, Exempt lots of record
36. No action by the Board on this element.
37. Glossary and Appendix - discussion
Motion by Commissioner Gentry, seconded by Commissioner Vickers to accept the Appendix and Glossary. Upon roll call, Commissioner Maxcy voted nay. All other Commissioners voted aye. the motion carried.
38. Tony Aarant - requirements of adopting elements
39. Board Attorney - captions of the Ordinance read into the record, noting changes, deleting map and references.
40. Hearing continued until 8/25/93 immediately after the Zoning Ordinance is heard.
41. Recessed at 9:50 P. M.
______Chairman
Attest: ______Clerk BOOK 15 PAGE 398
***************************************************************** BOOK 15 PAGE 398
PUBLIC HEARING OF THE OF THE BOARD, AUGUST 25, 1993
ZONING ORDINANCE
The meeting was called to order at 5:30 P.M. with the following members present:
James L. Gose Carl Cool Audrey Vickers Gary Lower Archie Summers J. Ross Macbeth C. Guy Maxcy Louise Graham Doris Gentry
1. Proof of Publication entered into the record by the Zoning Supervisor. See SMB 19 Page 29.
2. Board Attorney - read captions of the Zoning Ordinance
3. Definitions for Repair Garage - Boarding House - Family Single Family - change
4. Sec. 69 changed to four (4) acres instead of 4,000 feet
5. Commissioner Vickers - consider solid fence for Junk-Yards No action. Will be addressed later.
6. Indoor Flea Markets - B-3, Outdoor Flea Markets in B-4
7. Gary Lower - I-1 Zoning - uses permitted in I-1 and I-2
8. Board Attorney - language to repair zoning.
9. Junk-yards to be addressed in the LDR's
10. John Borgmeister - request copy of Ordinance
Motion by Commissioner Gentry, seconded by Commissioner Summers to approve the Zoning Ordinance as amended. Upon roll call, all Commissioners voted aye. The motion carried.
11. The Chairman adjourned meeting at 6:08 P. M.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 15 PAGE 399
PUBLIC HEARING OF THE BOARD, AUGUST 25, 1993
COMPREHENSIVE PLAN
The meeting was called to order at 6:15 P. M. with the following members present:
James L. Gose Carl Cool Audrey Vickers J. Ross Macbeth Archie Summers Louise Graham C. Guy Maxcy Jeff Ludwig Doris Gentry
1. County Administrator - meeting noticed on the bulletin board
2. Introduction of DCA staff - Charles Pattison and Karen Brodeen
3. Chairman Gose - concerns - UGA - Wellhead - Landclearing Duplication of Services, and Infrastructure
4. Background synopsis of the past two hearings
5. Charles Pattison - DCA flexibility and approach to the Plan duplication of services - Jacksonville and Duvall Counties
6. Board Attorney - permit approach
7. Kris Delaney - HEC - Landclearing - recommend adoption
8. Jackie Fauls - landclearing posture
9. Joe Clark - problem for property owners
10. John Tallent - duplication of regulations
11. Gose - Use old map and split out ag land
12. Charles Pattison - will review concept - cannot commit
13. Jeff Ludwig - UGA biggest bone of contention
14. Karen Brodeen - Census data
15. Gose - come to terms tonight and then set final hearing
16. Vickers - decision stops with the Board
17. N.R.E. discussion - County Planner
Recess - 8:00 P. M. - 8:15 P. M.
18. Chairman Gose convenes meeting
19. John Tallent - Methodology of UGA Map
20. Macbeth - Map discussion
21. Kris Delaney - Level II Methodology - lacks protection of Natural Resources
22. Gose - suggestion that the Board come to closure tonight with some kind of agreement
23. Maxcy - Interim Plan is better than no Plan BOOK 15 PAGE 400
24. Gose - Wellhead Protection - discussion
25. Charles Pattison - DCA can accept 600 feet in place of 1,000 feet
26. Kris Delaney - Well contamination
27. Irene Knutson - concerns for required setbacks for business
28. Jeff Futch - amount of property required to put in a drinking water well in the future
29. Jackie Fauls - 200 foot zone of exclusion - 600 foot zone of control
30. John Tallent - Wellhead Protection covered by Fl. Statutes
31. Mark George - State requirements already in place
32. Macbeth - Potable well setback explanation
33. Kris Delaney - no control over well protection
Chairman Gose passed the gavel to the Vice-Chairman and made a motion to accept the Infrastructure Element, with a change on page 11, moving the radius from 1,000 feet to 600 feet, on page 12, Item D-2, delete. Commissioner Summers seconded the motion. Upon roll call, all Commissioners voted aye. The motion carried.
Motion by Commissioner Vickers, seconded by Commissioner Gentry to make the housekeeping changes and to delete the word potable and insert the word water in the Infrastructure Element. Upon roll call, all Commissioners voted aye. Motion carried.
34. Discussion on Interim Plan and partial settlement with DCA
35. Charles Pattison - Concept of partial settlement
36. Vickers - amount of Ag land in the county - developable land
37. Gentry - Interim Plan - how long to develop?
38. Macbeth - Map amendment necessary for rezones
Recess from 10:00 P. M. to 10:12 P. M.
39. Karen Brodeen - Propose remedial actions
Motion by Commissioner Summers, seconded by Commissioner Maxcy to go to administrative hearing and settle the difference for everyone.
40. Request that DCA provide us with technical assistance to develop a Plan
41. Kris Delaney - The Department has helped with the Plan. The vote is a vote to break the law.
42. Mark George - accept partial agreement
Upon roll call, Commissioners Summers and Maxcy voted aye. All other Commissioners voted nay. The motion did not carry.
Commissioner Gentry made a motion to instruct the Attorney to draft an Ordinance with the amendments as accepted, send the Land Use Up BOOK 15 PAGE 401 as is except to subtract the ag out, (revert from 1- to 10); to change the vesting elements of the Future Land Use Policy as agreed upon. Lew Carter to generate a map - level two methodology - and plug into DCA. The motion was amended to set a Public Hearing date for September 15, 1993 at 5:30 P. M. for consideration of the amendments and a possible settlement agreement. The Chairman handed the gavel to the Vice-Chairman and seconded the motion.
Upon roll call, Commissioner Vickers voted nay. All other Commissioners voted aye. The motion carried.
43. Macbeth - housekeeping corrections 44. Chairman Gose - Instructed the County Administrator to make every effort to get the map crunched out, and get into the GSI, and promptly to DCA.
45. Karen Brodeen - suggestion on public notice - place notices together for partial settlement agreement
46. The meeting adjourned at 11:21 P. M.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 15 PAGE 412
WORKSHOP MEETING OF THE BOARD, SEPTEMBER 9, 1993
COMPREHENSIVE PLAN
The meeting was called to order at 4:00 P. M. with the following members present:
James L. Gose Carl Cool Audrey Vickers J. Ross Macbeth Archie Summers Louise Graham C. Guy Maxcy Jeff Ludwig Doris Gentry
MEETING NOTICED ON BULLETIN BOARD
COMMENTS
1. Chairman Gose - We need to send a Plan to Tallahassee.
2. Commissioner Maxcy - We need to get rid of the UGA - the line is to restrictive.
3. Commissioner Vickers - What happens if areas like Sun'n Lakes or Spring Lake become cities? 4. Chairman Gose - you can't fix something if there is nothing to fix.
5. Commissioner Gentry - Lets talk about options, lets keep Objective 2 - Page 26 Flue. How can we maintain level 2 methodology if Ron Cauthan said it would take 6-12 months and cost $100,000? All we are talking about is a stop-gap.
6. Commissioner Maxcy - The line restricts growth to some extent.
7. Commissioner Gentry - We never sat down and had a vision of what we wanted. I want to color in the one unit per five acres area and take away the UGA line on the map.
8. Chairman Gose - Lets add the School Board amendment, no, lets start with number one.
CONSENSUS OF THE BOARD ON THE COMP PLAN FUTURE LAND USE ELEMENT AMENDMENTS
#1 - No - Dr. Alderman's property - Wilson Tract off of Sheriff's Tower Road
#2 - Yes - Neighborhood Community Commercial/Greg Harris tract at intersection of S.R. 66 and (R63).
#3 - Yes - Industrial - Consolidated Tomoka/Southwest of SR 70 and U.S 27
#4 - Yes - Industrial - Dean Smith/On Sheriff's Tower Road adjoining Watson Heights
#5 - Yes - Commercial - J. W. Jones/East side of US 27 at County Line Road
#6 - Yes and no - Minor George Property - Business Center to two quarters sections straddling U.S. 27
#7 - Yes - School Board - Public Facility/Schumacher Road
#8 - Yes - Industrial/Donald Greenhalgh - Desoto City on US 98 BOOK 15 PAGE 413
#9 - Yes - Commercial/Industrial mixed use - Ronnie Strickland Montsdeoca Rd
#10 - Discuss with DCA - Medium Density Residential - Joe Messana - U S 27/Lake Persimmon Road
#11 - Yes - Medium Density Residential for Farmworker's Housing James Wohl/Lakeview Park
#12 - Discuss with DCA - Estate of Annie Laura Twitty - Vogel Lorber Subdivision
#13 - Yes - Industrial - William Black - Kennilworth Blvd Industrial Way
#14 - Yes - Mixed Use - James Wohl - Keep land use of 1990 map along Highway 27 to Highlands County Line
Letter entered into the record from AbACUS Building Contractors, Inc.
The meeting adjourned at 6:55 P. M.
______Chairman
Attest: ______Clerk
*****************************************************************
BOOK 15 PAGE 419
PUBLIC HEARING OF THE BOARD, SEPTEMBER 15, 1993
COMPREHENSIVE PLAN
The workshop was called to order at 5:30 P. M. with the following members present:
James L. Gose Carl Cool Audrey Vickers Jeff Ludwig Archie Summers J. Ross Macbeth C. Guy Maxcy Louise Graham Doris Gentry
Also present was Charles Pattison from the Department of Community Affairs.
1. Representative Bert Harris - Rules Committee Meeting to be held in Bartow on 9/20/93 from 4:00 P. M. to 8:00 P. M. County Administrator to attend.
2. County Planner - Consideration of Amendment #14 - John Borgemeister, located near Walker Memorial Hospital - request for Commercial Use. Approximately five or six acres.
3. Amendment #15 - South of Thunderbird Road East - request to push commercial land use back into medium density. Total of 27 acres. Chairman - no problem with request.
4. County Administrator - Proof of Publication of meeting. See SMB 19 Page 63.
5. Board Attorney - Captions of proposed Ordinance read into the record
6. Chairman - direction to Mr. Pattison - consensus to stay with the original map, delete the Urban Containment Line, change the colors but not change the density. 15 amendments were received. Request a review of these amendments.
6. Charles Pattison - prepared to comment on some of the information, would recommend adoption of the Plan, and then work out the details.
REVIEW OF AMENDMENTS
AMENDMENT #1 - ELIZABETH ALDERMAN Adjoins Watson Heights S/D, five acre tract - requested medium density residential.
AMENDMENT #4 - DEAN SMITH Location - shares a common property line with Watson Heights on the north and west; fronts along Sheriff's Tower Road; adjoins the Poore property on the east; northeast of Sebring High School. Requested Industrial
AMENDMENT #13 - WILLIAM BLACK - KENNILWORTH BLVD - INDUSTRIAL
7. Charles Pattison - suggestion to get with the Planner and review further
AMENDMENT #2 - GREG HARRIS TRACT - REQUESTED RURAL VILLAGE OR COMMERCIAL - ARTERIAL ROAD 8. Charles Pattison - request map - no questions
BOOK 15 PAGE 420
AMENDMENT #3 - CONSOLIDATED TOMOKA - SR 70 AND US 27 INTERSECTION REQUESTED INDUSTRIAL 9. Charles Pattison - more for convenience - not related to Plan.
AMENDMENT #5 - J. W. JONES - COUNTY LINE ROAD AND HIGHWAY 27 REQUESTED COMMERCIAL AMENDMENT #7 - SUN'N LAKES OF SEBRING MIDDLE SCHOOL SITE SCHUMACHER ROAD - REQUESTED PUBLIC FACILITY
AMENDMENT #8 - NORTH SIDE OF US 98 IN DESOTO INDUSTRIAL PARK S/D REQUESTED INDUSTRIAL - DONALD GREENHALGH
AMENDMENT #9 - WEST SIDE OF US 27, SOUTH OF AVON PLAZA SHOPPING CENTER, FRONTING ON MONTSDEOCA ROAD REQUESTED COMMERCIAL/INDUSTRIAL MIXED USE
AMENDMENT #11 - SOUTH SIDE OF YOUTH CARE LANE MEDIUM DENSITY RESIDENTIAL REQUESTED NON-ISSUE
AMENDMENT #12 - DESOTO CITY AND INTERSECTION OF US 98 AND US 27 REQUESTED TO ADD 3 QUARTER-SECTIONS TO THE 1993 UGA PROPOSAL 200 UNITS BUILDABLE
10. Charles Pattison - will review further
AMENDMENT #10 - WEST SIDE OF US 27 ON LAKE PERSIMMON ROAD JOE MESSANA - 153 APARTMENTS - MEDIUM DENSITY RESIDENTIAL
11. Chairman - Petitioner will install a water system 12. County Planner - water system rationale for supporting this use. 13. Charles Pattison - What effect the water policy will have on construction? Appears to be a Plan Amendment and not part of a Settlement Agreement.
AMENDMENT #6 - GEORGETOWN INDUSTRIAL PARK AND AGRI-CIVIC CENTER SHOPS OF HIGHLANDS RETAIL & OFFICE ON EAST SIDE OF U.S. 27
14. County Planner - Detail on proposed project 15. Charles Pattison - should be processed as Plan Amendment 16. County Administrator - explanation of map 17. Chairman - Land Clearing - Agriculture is exempt 18. Charles Pattison - DCA may argue about that - resource item will have to discussed - will not interpret as a blanket application.
19. Charles Pattison - will request staff to sit down with DCA and come to terms after adoption.
Motion by Commissioner Vickers, seconded by Commissioner Gentry to adopt the Future Land Use Element as amended. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Vickers, seconded by Commissioner Gentry to adopt the Natural Resources Element as amended.
20. Kris Delaney - H.E.C. - general comment that the proposed Natural Resource Element does not comply with the provisions of the Growth Management Act 9-J5
21. Letter entered into the record from Dr. John Fitzpatrick of the Archbold Biological Station, addressed to Maria Abadahl, DCA, regarding Agriculture and Natural Resource Protection. BOOK 15 PAGE 421
22. Joe Clark - representing Abacus Building and Abacus Realty, letter entered into the record. Statement - to remove terms Wetlands System and Native Vegetative Community
23. Joe Clark - letter from DCA to Carl Cool - new policy 3.4 Page 16 - letter read into the record.
24. Kris Delaney - Native Vegetative Community - good terms
25. Jeff Ludwig - letter of request from Mr. Jones to be entered into the record.
Upon roll call, all Commissioners voted aye. The motion carried.
Motion by Commissioner Vickers, seconded by Commissioner Gentry to adopt the Future Land Use Map as amended to include Land Use Request Numbers 1, 2, 3, 4, 5, 7, 8, 9, 11, 12, 13, 14 and 15. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Vickers to adopt the Future Land Use Element, the Traffic Circulation Element, the Housing Element, the Infrastructure Element, the Natural Resources Element, the Recreation and Open Space Element, the Intergovernmental Coordination Element, the Capital Improvements Element. the Appendices, the Glossary, and the Future Land Use Map of the Highlands County Comprehensive Plan of 1990 as amended. Upon roll call, all Commissioners voted aye. Motion carried.
26. Board Attorney - review of changes
Motion by Commissioner Gentry, seconded by Commissioner Summers to adopt the Ordinance. Upon roll call, all Commissioners voted aye. Motion carried.
27. Commissioner Summers - comments regarding the Plan
28. Ms. Jackie Fauls, Highlands County Citrus Growers Association, thanked all participants.
29. Charles Pattison - time limit of sixty (60) days
30. Chairman - adjourned meeting at 7:50 P. M.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 15 PAGE 422
PUBLIC HEARING OF THE BOARD, SEPTEMBER 21, 1993 PROPOSED GAS TAX
The hearing was called to order at 6:00 P.M. with the following members present:
James L. Gose L. E. "Luke" Brooker Audrey Vickers Carl Cool Archie Summers J. Ross Macbeth C. Guy Maxcy I.V. "Buddy Mackenze Doris Gentry C. Michael Eastman Louise Graham
Also present were Tom Portz, Assistant County Administrator, Budget Director, Rick Helms, and Road and Bridge Director, Vaden Pollard.
Chairman - Opening Statement
Proof of Publication entered into the record. See SMB 19 Page 83 and 84.
Board Attorney - Captions of the Ordinance read into the record.
County Adminsitrator - Proof of Publication entered into the record. See SMB 19 Page 81.
Assistant County Administrator - Brief staff report regarding Fuel Survey in Highlands County. See SMB 19 Page 82.
Road and Bridge Director - Utilization of Gas Tax.
Assistant County Administrator - Close staff report.
Public Input: Wayne Taylor, Taylor Oil Company, in opposition. Charles Petrick, in opposisition. Richard Probst, in opposition. Ted Best, Best Insurance, in opposition. Roe McAdams, Adams Oil Company, in opposition. O. James Davis, in opposition. Hank Kowalski - Referendum should be in order. Leonard Hammer - Comments regarding equipment. Sol Merrick, Sun n'Lakes, problem with county road crew. Michael Carr - General problems. Jimmy Smith - In opposition. F. W. McCormick - In favor of Gas Tax over the millage increase
The Chairman announced that the time was now 7:10 P. M. the scheduled time of the Budget Hearing and he would receive input for budget consideration.
Chairman - Public hearing statement read to identify millage amount over rolled back rate and specific uses of increase.
Mike Lee, Chamber of Commerce, read a prepared statement relating to tax increase. He stated that the split was the fairest approach. Mike Johnson, Chairman of the Executive Homeowners Board - Tax hike unjustified. Alfredia Butler - assessment increase. Frank Lyons, Community Youth Development Board of Sebring, expanding recreational facilities.
Budget presentation by staff - transpercies, state and federal mandates, grants in aide to other agencies. BOOK 15 PAGE 423
Rick Helms - slide presentation
Anne Bond, Highlands Hospitality, request. Hank Kowalski - Special Districts Bill Stepehnson, Tax District Coordinator Kevin Roberts, Human Services Director C. B. Shirey - Recreation funding Ted Best - Contingency carry over. Clifford Wells, Lake Placid, in opposition.
Chairman - Welcomed Howard Godwin, Sheriff, Joe Campbell, Assistant Supervisor of Election and Belle Duke, Assistant Tax Collector.
Commissioners input: Summers, Gentry, Maxcy, Vickers and Gose
Motion by Commissioner Summers, seconded by Commissioner Gentry to adopt an ordinance adding a three cent increase on Motor Fuel Tax and a one cent increase on Special Fuel Tax, effective January 1, 1994 through December 31, 1998.
Emil Jakim - Spoke in opposition to the ordinance. Ted Best - Does Propane also apply? Mr. Taylor - Taylor Oil - term of other Gas Tax Ordinance. Mike McHolic - Senior citizens pay their fair share. Leonard Hammer - Request to defeat this tax. Kim Reed - Concerns about the safety of the County.
Upon roll call, Commissioner Maxcy voted nay. All other Commissioners voted aye. The motion carried
Board Attorney - Changes to the Ordinance.
Recess 9:00 P. M. - 9:15 P. M.
Chairman - Called back to order.
Tom Portz - Original budget brought back into balance.
Motion by Commissioner Summers, seconded by Commissioner Vickers to adopt the millage rate of 8.5, which is a reduction of .4432. Upon roll call, Commissioner Maxcy voted nay. All other Commissioners voted aye. The motion carried.
Motion by Commissioner Vickers, seconded by Commissioner Gentry to adopt Resolution setting the millage rate of 8.5 mills as presently contained in the tentative budget for the 1993-94 fiscal year, exceeding the rolled back rate of 7.8813 mills by 7.85%. Upon roll call, Commissioner Maxcy voted nay. All other Commissioners voted aye. The motion carried. See Res. Book 8 Page 61.
Motion by Commissioner Summers, seconded by Commissioner Genty to adopt Resolution adopting the final budget for the fiscal year of 1993-94 in the sum of $46,477,499.00 for all funds exclusive of service tax districts. Upon roll call, Commissioner Maxcy voted nay. All other Commissioners voted aye. The motion carried. See Res. Book 8 Page 62.
Motion by Commissioner Vickers seconded by Commissioner Summers to approve Resolution adopting the assessment for Fund 100 Sun'n Lakes of Lake Placid at $10.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Summers to approve Resolution adopting the assessment for Fund 101, Sun'n Lakes, Lake Placid - Fire at $9.00 per lot. Upon roll call, all BOOK 15 PAGE 424
Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Maxcy to approve Resolution adopting the assessment for Fund 102, Desoto City Fire at $2.50 per unimproved lot, $20.00 per improved lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Maxcy to approve Resolution adopting the assessment for Fund 103, Sebring Highlands at $50.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gentry to to approve Resolution adopting the assessment for Fund 104, Orange Villa at $30.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gentry to approve Resolution adopting the assessment of Fund 105, Avon Park Lales at $1.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Vickers, seconded by Commissioner Maxcy to approve Resolution adopting the assessment of Fund 106, Hickory Hills at $35.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Summers to approve Resolution adopting the assessment of Fund 107, Placid Lakes at $20.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Summers to approve Resolution adopting the assessment of Fund 108, Sebring Country Estates at $6.00 per unimproved lot, $18.00 per improved lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Maxcy to approve Resolution adopting the assessment of Fund 109, Istokpoga Marsh at $4.00 per acre or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Maxcy to approve Resolution adopting the assessment of Fund 111, Avon Park Estates at $25.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Vickers to approve Resolution adopting the assessment of Fund 112, Orange Blossom Units #8 and #9 at $230.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Vickers to approve Resolution adopting the assessment for fund 113, Highlands Lakes Fire at $2.00 per unimproved lot, $20.00 per improved lot, $1.50 per unimproved lot in Avon Park Lakes and $5.00 per improved lot in Avon Park Lakes. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Summers to approve Resolution adopting the assessment for fund 114, Leisure Lakes Fire at $1.00 per unimproved lot, $20.00 per improved lot, $15.00 per improved Mobile Home Park and Campground lot BOOK 15 PAGE 425 BOOK 15 PAGE 502
PUBLIC HEARING OF THE BOARD, FEBRUARY 21, 1994
The Public Hearing was called to order at 9:00 A.M. at the Agricultural Center with the following members present:
Audrey Vickers Carl Cool James L. Gose J. Ross Macbeth Archie Summers Louise Graham Doris Gentry
Also present were the Assistant County Administrator, Thomas Portz, the Budget Officer, Rick Helms and the Non-Ad Valorem Assessment Coordinator, Treasa Handley.
Prayer and Pledge of Allegiance to the Flag was led by the County Administrator.
Roll Call by the Deputy Clerk. Commissioner Maxcy not present.
Public Hearing Statement (read by Chairperson)
Resolution #94-4 - electing to use the Uniform Method of Collecting Non-Ad Valorem Assessments Levied in the Unincorporated area of the County and within the Boundaries of all Municipalities; Stating a need for such Levy; and providing for an effective date - Read into the record by the Board Attorney.
Proof of Publication entered into the record. See Exhibit 3 and Exhibit A-1. Legal Description entered into the record. See Exhibit B, SMB 20 Page 82.
Rick Weigand, EMS Director, gave an update on increases in the volume of calls over the last fiscal year.
Commissioner Guy Maxcy arrived at the meeting at 9:13 A. M.
OPEN FOR DISCUSSION Public Input was received from L. M. Hammer, Joan Pflueger, Hank Kowalski, O. R. Pearson Fred Tagtmeier, Harold Owen and Preston Colby. See SMB 20 Page 83 for copy of agenda slips.
Board discussion was received from all Commissioners regarding support for the assessment, and a possible sunset clause.
MOTION FOR ADOPTION OF CONTRACTS WITH TAX COLLECTOR AND PROPERTY APPRAISER FOR ADMINISTRATIVE SERVICES Motion by Commissioner Gentry, seconded by Commissioner Gose to adopt contracts with the Tax Collector and the Property Appraiser for Administrative Services associated with the implementation of the non-ad valorem assessment. Upon Roll call, all Commissioners voted aye. Motion carried.
MOTION FOR ADOPTION OF RESOLUTION Motion by Commissioner Gentry, seconded by Commissioner Summers to adopt Resolution #94-4, electing to use the uniform method of collecting non-ad valorem assessments levied in the unincorporated area of the county and within the boundaries of all municipalities. Commissioner Summers amended the motion to delete the portion that relates to fire services. Commissioner Gentry accepted the amendment. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 8 Page 100 for copy of Resolution and Contracts.
The meeting adjourned at 10:10 A. M. BOOK 15 PAGE 503
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 15 PAGE 595
PUBLIC HEARING OF THE BOARD, August 24, 1994 PLANNING AND ZONING COMMISSION
The meeting was called to order at 5:30 P.M. with the following members present:
Audrey Vickers Rick Lilyquist James L. Gose Carl Cool Archie Summers J. Ross Macbeth C. Guy Maxcy Stephanie Layton Doris Gentry
Commissioner Gose stated that the Committee did not endorse the LDR's on Monday night as they felt rushed. Some sections refer to articles that have not been written, and there are definitions that need further defining. For these reasons they would like to have one more meeting before they can bless them.
County Administrator submitted Proof of Publication to be entered into the record noting that this public hearing was advertised on August 17, 1994. See SMB 21 page 133.
Commissioner Vickers requested that all persons present at the meeting sign in. See SMB 21 page 134 for copy of sign in sheet. Lew Carter, Chairman of the Planning and Zoning Commission, announced the members present are Mr. Osborn, Mr. Jones, Mr. Brooks, Mr. Payne, and Chairman Carter. Absent are Ms. Tully and Mr. Travers.
County Engineer gave and overview of the Article 4 Sections 1 and 2 and Appendix A in Article 4, and all of Article 5 Sections 1,2,3, and 4 and Appendices to Article 5, A thru G.
Jim Brooks, LPA member, stated that he hasn't had time to digest everything in the plan and felt they should not rush this project.
John Payne and Russ Lehman discussed the possibility of having more meetings to consider the LDR's before the next public hearing.
Motion by John Payne, seconded by James Brooks to schedule additional hearings for the purpose of considering the LPA's recommendations on the submitted LDR's for public hearing. After discussion by various members of the Planning and Zoning Commission Mr. Payne withdrew his motion and Mr. Brooks withdrew his second.
Motion by John Payne, seconded by James Brooks to schedule a workshop on the LDR Task Force for the Planning and Zoning Board for August 31, 1994, at 5:30 P.M. in the Commission Chambers. All members voted aye. Motion carried.
Recess - 7:32 P.M. - 7:45 P.m.
Upon return, various members of the Boards discussed further changes in the LDR's concerning exotic species threatening the County and changes in the building code.
The meeting adjourned at 8:38 P.M.
______Chairman
Attest: ______Clerk BOOK 15 PAGE 596
***************************************************************** BOOK 15 PAGE 601
PUBLIC HEARING OF THE BOARD, September 6, 1994
1. The meeting was called to order at 7:00 P.M. with the following members present:
Audrey Vickers Rick Helms James L. Gose Carl Cool Archie Summers Tom Portz C. Guy Maxcy Stephanie Layton Doris Gentry
2. Chairperson Vickers read a public hearing statement to identify millage amount over rolled back rate and specific uses of increase.
County Administrator stated that notice of the public hearing was provided by first class mail to each taxpayer listed on the current year assessment roll, also known as the TRIM notice.
3. Rick Helms and Bernis Gainer - slide presentation of Board of County Commissioners Fiscal Year 1994-95 Proposed Operating Budget.
Board decided to fund Highlands Hospitality again at the rate it was funded last year.
4. Public hearing open to public input discussion and comments.
Perry Newport - opposes this budget and opposes the use of the increased revenues.
5. Motions for adoption of F.Y. 1994-95 Resolutions.
A. Motion by Commissioner Summers, seconded by Commissioner Maxcy to adopt the millage rate of 8.5, as presently contained in the proposed budget for the 1994-95 fiscal year, exceeding the rolled back rate of 8.3463 mills by 1.84%.. Upon Roll call, all Commissioners voted aye. Motion carried. See Res Book 8 Page 139.
B. Motion by Commissioner Summers, seconded by Commissioner Gose to adopt the tentative budget for the fiscal year 1994-95 in the sum of $50,276,432.00 for all funds exclusive of service tax districts. Upon Roll call, all Commissioners voted aye. Motion carried. See Res Book 8 Page 140.
C. Adoption of Service Taxing Districts:
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the assessment for fund 100, Sun'n Lakes of Lake Placid at $10.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the assessment for fund 101, Sun'n Lakes, Lake Placid - Fire at $9.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the assessment for fund 102, Desoto City Fire at $2.50 per unimproved lot, $20.00 per improved lot. Upon Roll call, all BOOK 15 PAGE 602
Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Gentry to approve Resolution adopting the assessment for fund 103, Sebring Highlands at $50.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the assessment for fund 104, Orange Villa at $30.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Gentry to approve Resolution adopting the assessment of fund 105, Avon Park Lakes at $1.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the assessment of fund 106, Hickory Hills at $35.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the assessment of fund 107, Placid Lakes at $20.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the assessment of fund 108, Sebring Country Estates at $6.00 per unimproved lot, $18.00 per improved lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the assessment of fund 109, Istokpoga Marsh at $4.00 per acre or fraction thereof. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Summers to approve Resolution adopting the assessment of fund 111, Avon Park Estates at $25.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the assessment of fund 112, Orange Blossom Units #8 and #9 at $230.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the assessment for fund 113, Highlands Lakes Fire at $2.00 per unimproved lot, $20.00 per improved lot, $1.50 per unimproved lot in Avon Park Lakes and $5.00 per improved lot in Avon Park Lakes. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the assessment for fund 114, Leisure Lakes Fire at $1.00 per unimproved lot, $20.00 per improved lot, $15.00 per improved Mobile Home Park and Campground lot . Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the assessment for fund 115, Highlands Park Estates at $5.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve BOOK 15 PAGE 603
Resolution adopting the assessment for fund 116, Highlands Park Fire at $2.00 per unimproved lot, $20.00 per improved lot, $15.00 per improved Mobile Home and Campground (CG-3) lot, $10.00 per improved Campground (CG-1) lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Gose to approve Resolution adopting the assessment for fund 118, Sebring Hills Light at $2.00 per unimproved lot and $15.00 per improved lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Maxcy to approve Resolution adopting the assessment for fund 119, Red Hill Farms Improvement District at $15.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the assessment for fund 125, Orange Blossom Unit #6 at $225.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gentry to approve Resolution adopting the assessment for fund 127, Orange Blossom Units 1-19 at $ 0.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Summers to approve Resolution adopting the assessment for fund 128, Sun'n Lakes, Lake Placid Recreation at $25.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the budget for fund 132, Orange Blossom Country Club Community at $300.00 per lot or fraction thereof. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the budget for fund 100, Sun'n Lakes, Lake Placid at $448,671.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the budget for fund 101, Sun'n Lakes, Lake Placid Fire at $64,877.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the budget for fund 102, Desoto City Fire in the amount of $88,966.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gose to approve Resolution adopting the budget for fund 103, Sebring Highlands in the amount of $982,052.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the budget for fund 104, Orange Villa in the amount of $2,589.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the budget for fund 105, Avon Park Lakes in the amount of $24,427.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gose to approve BOOK 15 PAGE 604
Resolution adopting the budget for fund 106, Hickory Hills in the amount of $14,801.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the budget for fund 107, Placid Lakes in the amount of $236.076.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the budget for fund 108, Sebring Country Estates in the amount of $16,795.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Gose to approve Resolution adopting the budget for fund 109, Istokpoga Marsh in the amount of $139,823.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Gose to approve Resolution adopting the budget for fund 111, Avon Park Estates in the amount of $99,962.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the budget for fund 112, Orange Blossom 8 and 9 in the amount of $37,522.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the budget for fund 113, Highlands Lakes Fire in the amount of $124,231.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gentry to approve Resolution adopting the budget for fund 114, Leisure Lakes Fire in the amount of $61,543.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gose to approve Resolution adopting the budget for fund 115, Highlands Park Estates in the amount of $100,416.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the budget for fund 116, Highlands Park Fire in the amount of $44,014.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the budget for fund 118, Sebring Hills Light in the amount of $11,908.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the budget for fund 119, Red Hill Farms Improvement District in the amount of $18,961.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the budget for fund 125, Orange Blossom Unit #6 in the amount of $66,398.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the budget for fund 127, Orange Blossom Units 1-19 in the amount of $520,117.00. Upon Roll call, all Commissioners voted aye. Motion carried. BOOK 15 PAGE 605
Motion by Commissioner Summers, seconded by Commissioner Gose to approve Resolution adopting the budget for fund 128, Sun'n Lakes, Lake Placid Recreation in the amount of $60,990.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the budget for fund 132, Orange Blossom Country Club Community in the amount of $76,475.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Summers to approve Resolution adopting a service assessment and budget for each district in the amount of $3,241,614.00 which included $2,217,894.00 in fund balance brought forward from the previous fiscal year. Upon Roll call, all Commissioners voted aye. Motion carried. See Res Book 8 Page 141.
6. Adjournment
The meeting adjourned at 8:30 P.M.
______Chairman
Attest: ______Clerk
*****************************************************************
BOOK 15 PAGE 606
JOINT MEETING OF THE BOARD, September 7, 1994 PLANNING AND ZONING COMMISSION ACTING AS LOCAL PLANNING AGENCY
The meeting was called to order at 5:30 P.M. with the following members present:
Audrey Vickers Carl Cool James L. Gose J. Ross Macbeth C. Guy Maxcy Stephanie Layton Doris Gentry
Also present: Lew Carter, Jim Brooks, Charles Jones, John Payne, Jim Osborn and David Travers, members of the Planning and Zoning Commission and Shirley Hinote.
Board Attorney stated that this is the second of two noticed public hearings for the adoption of Land Development Regulations. Proof of Publication provided by County Administrator. See SMB 21 Page 166.
Mr. Carter discussed the last public hearing for the LDR's and suggested that more workshops are needed before specific recommendations can be presented to the Board.
Motion by Commissioner Gose, seconded by Commissioner Gentry that the Board of County Commissioners bow out of this discussion and turn it over to the Planning and Zoning Board. The Board will readvertise for a new set of public hearings. Upon Roll call, all Commissioners voted aye. Motion carried.
Discussion by the Planning and Zoning Commission followed.
The Board of County Commissioners meeting adjourned at 7:15 P.M.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 15 PAGE 614
PUBLIC HEARING OF THE BOARD, September 20, 1994
The meeting was called to order at 7:00 P.M. with the following members present:
Audrey Vickers L.E. 'Luke' Brooker James L. Gose Carl Cool Archie Summers Tom Portz C. Guy Maxcy Stephanie Layton Doris Gentry
Also present were Rick Helms, Budget Director, and Bernis Gainer, Assistant Budget Director.
Chairman - public hearing statement to identify millage amount over rolled back rate and specific uses of increase.
County Administrator entered Proof of Publication into the record. See SMB 21 Page 194.
Budget Director, Rick Helms, and Assistant Budget Director, Bernis Gainer, gave a slide presentation of the proposed operating budget.
The Budget Director spoke of an additional item dealing with the Property Appraiser. The Budget funded by the Board is less than the budget approved by the Department of Revenue.
Motion by Commissioner Gose, seconded by Commissioner Summers to take $11,154.00 for the Property Appraiser's office from the Reserve from Contingencies account in the 1994-95 Budget. Upon Roll call, all Commissioners voted aye except Commissioner Maxcy who voted nay. Motion carried.
Chairperson Vickers suggested that the Board have a Workshop on these policy ideas to give direction for next year. October 25, 1994, was suggested.
Public hearing open to public input discussion and comments:
Marilyn Jacobs - increase library budget.
Alberta Yandall - library needs more money.
Motions for adoption of F.Y. 1994-95 Resolutions.
A. Millage Resolution Adoption Motion by Commissioner Gentry, seconded by Commissioner Summers to adopt the millage rate of 8.5 mills as presently contained in the tentative budget for the 1994-95 fiscal year, exceeding the rolled back rate of 8.3463 mills by 1.84%. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 8 Page 149.
B. Final Budget Resolution Motion by Commissioner Gose, seconded by Commissioner Gentry to adopt the final budget as the budget for the fiscal year of 1994- 95 in the sum of $50,295,932.00 for all funds exclusive of service tax districts. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 8 page 150.
RECESS: 8:35 P.M. - 8:48 P.M. BOOK 15 PAGE 615
C. Adoption of Service Taxing Districts. Motion by Commissioner Gose, seconded by Commissioner Gentry to adopt a service assessment and budget for each district, in the total sum of $3,256,909.00 which included $2,217,894.00 in fund balance brought forward from the previous fiscal year . Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 8 page 151
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the assessment for fund 100, Sun'n Lakes of Lake Placid at $10.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the assessment for fund 101, Sun'n Lakes, Lake Placid - Fire at $9.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the assessment for fund 102, Desoto City Fire at $2.50 per unimproved lot, $20.00 per improved lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the assessment for fund 103, Sebring Highlands at $50.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the assessment for fund 104, Orange Villa at $30.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the assessment of fund 105, Avon Park Lakes at $1.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gose to approve Resolution adopting the assessment of fund 106, Hickory Hills at $35.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the assessment of fund 107, Placid Lakes at $20.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Resolution adopting the assessment of fund 108, Sebring Country Estates at $6.00 per unimproved lot, $18.00 per improved lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Gentry to approve Resolution adopting the assessment of fund 109, Istokpoga Marsh at $4.00 per acre or fraction thereof. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Gose to approve Resolution adopting the assessment of fund 111, Avon Park BOOK 15 PAGE 616
Estates at $25.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the assessment of fund 112, Orange Blossom Units #8 and #9 at $230.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Gose to approve Resolution adopting the assessment for fund 113, Highlands Lakes Fire at $2.00 per unimproved lot, $20.00 per improved lot, $1.50 per unimproved lot in Avon Park Lakes and $5.00 per improved lot in Avon Park Lakes. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gentry to approve Resolution adopting the assessment for fund 114, Leisure lakes Fire at $1.00 per unimproved lot, $20.00 per improved lot, $15.00 per improved Mobile Home Park and Campground lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the assessment for fund 115, Highlands Park Estates at $5.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gose to approve Resolution adopting the assessment for fund 116, Highlands Park Fire at $2.00 per unimproved lot, $20.00 per improved lot, $15.00 per improved mobile home and campground (CG-3) lots, and $10.00 per improved campground (CG-1) lots. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Gentry to approve Resolution adopting the assessment for Fund 118, Sebring Hills Light at $2.00 per unimproved lot and $15.00 per improved lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Gose to approve Resolution adopting the assessment for Fund 119, Red Hill Farms Improvement District at $15.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the assessment for Fund 125, Orange Blossom #6 at $225.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the assessment for Fund 127, Orange Blossom Units 1-19 at $0.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Summers to approve Resolution adopting the assessment for Fund 128, Sun'N Lakes-Lake Placid Recreation at $25.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Summers to approve Resolution adopting the assessment for Fund 132, Orange Blossom Country Club Community at $300.00 per lot or fraction thereof. Upon Roll call, all Commissioners voted aye. Motion carried. BOOK 15 PAGE 617
Motion by Commissioner Gose, seconded by Commissioner Summers to approve Resolution adopting the budget for Fund 100, Sun'n Lakes, Lake Placid in the amount of $448,671.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the budget for Fund 101, Sun'n Lakes, Lake Placid Fire in the amount of $64,877.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gose to approve Resolution adopting the budget for Fund 102, Desoto City Fire in the amount of $88,966.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Summers to approve Resolution adopting the budget for Fund 103, Sebring Highlands in the amount of $982,052.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the budget for Fund 104, Orange Villa in the amount of $2,589.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Summers to approve Resolution adopting the budget for Fund 105, Avon Park Lakes in the amount of $24,427.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Gentry to approve Resolution adopting the budget for Fund 106, Hickory Hills in the amount of $14,801.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gentry to approve Resolution adopting the budget for Fund 107, Placid Lakes in the amount of $236,076.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the budget for Fund 108, Sebring Country Estates in the amount of $16,795.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gose to approve Resolution adopting the budget for Fund 109, Istokpoga Marsh in the amount of $139,823.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the budget for Fund 111, Avon Park Estates in the amount of $99,962.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the budget for Fund 112, Orange Blossom 8 & 9 in the amount of $37,522.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Summers to approve Resolution adopting the budget for Fund 113, Highlands BOOK 15 PAGE 618
Lakes Fire in the amount of $124,231.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the budget for Fund 114, Leisure Lakes Fire in the amount of $61,543.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gose to approve Resolution adopting the budget for Fund 115, Highlands Park Estates in the amount of $100,416.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Gose to approve Resolution adopting the budget for Fund 116, Highlands Park Fire in the amount of $44,014.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the budget for Fund 118, Sebring Hills Light in the amount of $11,908.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gentry, seconded by Commissioner Summers to approve Resolution adopting the budget for Fund 119, Red hill Farms Improvement District in the amount of $18,961.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve Resolution adopting the budget for Fund 125, Orange Blossom #6 in the amount of $66,398.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Summers to approve Resolution adopting the budget for Fund 127, Orange Blossom Units 1-19 in the amount of $520,117.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Summers, seconded by Commissioner Maxcy to approve Resolution adopting the budget for Fund 128, Sun'n Lakes Lake Placid Recreation in the amount of $60,990.00. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Summers to approve Resolution adopting the budget for Fund 132, Orange Blossom Country Club Community in the amount of $91,770.00. Upon Roll call, all Commissioners voted aye except Commissioner Maxcy who voted nay. Motion carried.
D. RESOLUTION FOR ADOPTION OF BUDGET CHANGES Motion by Commissioner Gentry, seconded by Commissioner Gose to adopt Resolution incorporating the changes into the final budget document. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 8 page 152.
E. ASSISTANT COUNTY ADMINISTRATOR 1. Raises for the new fiscal year will be effective October 5, 1994, at the start of the new pay period.
2. Fill new personnel positions by starting with the most critical positions first.
3. Upgrades for EMS will be done in a timely manner, but not until the labor issue is worked out. BOOK 15 PAGE 619
Motion by Commissioner Gose, seconded by Commissioner Summers to waive the agenda to address the issue of pay raises going into effect October 5, 1994. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Gentry to follow the recommendation of the Assistant Administrator of the date to phase in raises, if not appropriate tonight, it will be on the agenda for September 27, 1994. Upon Roll call, all Commissioners voted aye except Commissioner Maxcy who voted nay. Motion carried.
ADJOURNMENT The meeting adjourned at 9:15 P.M.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 16 PAGE 19
LDR HEARING OF THE BOARD, OCTOBER 31, 1994
I. The Chairperson convenes the Public Hearing at 5:30 P. M. with the following members present:
Audrey Vickers Carl Cool James L. Gose J. Ross Macbeth Archie Summers Louise Graham C. Guy Maxcy Jim Polatty Doris Gentry
Roll call to establish a quorum for the record by the Deputy Clerk.
Proof of Publication entered into the record. See SMB 22 Page 38.
II. Board Attorney explains purpose of public hearing and goes over the ground rules for these hearing sessions.
III. General order of action for this hearing:
Board Attorney explains adoption procedures
Final hearing to be held November 14, 1994 at 5:30 P. M. Captions of the Ordinance read into the record. Commissioner Gose read the memo explaining the recommended revisions to the draft Land Development Regulations submitted to the Board for consideration. The revisions were made by motion or by consensus at the hearings of the Planning and Zoning Commission acting as a local Planning Agency.
The Chair requested that the record reflect that Lew Carter and Jim Osborn, the Chairman and member of the Local Planning Agency, are present at the hearing.
Verbal staff report
The County Administrator explained the process and the amount of time spent to put together this document. He recommended the Board not review the entire LDR packet.
Chairperson opens the hearing for public testimony on Article one: General Provisions, Sections one thru three:
Dan Foley, representing the Highlands County Citrus Growers Association presented general comments and outlined two general disagreements with the LDR philosophy.
Motion by Commissioner Gose, seconded by Commissioner Gentry to adopt Article One General Provisions, Sections one thru three as presented by the LDR Task Force and amended by Planning and Zoning Agency. Upon Roll call, all Commissioners voted aye. Motion carried.
Chairperson opens the hearing for public testimony on Article Four: Special Clearances and Reviews
Second Section One: Predevelopment Conference Third Section Two: Concurrency Clearance Fourth Appendices A and B
Motion by Commissioner Gentry, seconded by Commissioner Gose to proceed with Article Four; Section one and two and Appendices A and B. James E. Branca, Fire Services, suggested that the language residual be added to Page 4.2-11 Paragraph 3. BOOK 16 PAGE 20
Commissioner Summers voiced a general statement in opposition to the complete document as to the detail and being too nick-picky. Commissioner Maxcy expressed the same sentiment.
Upon Roll call, all Commissioners voted aye. Motion carried.
Article Five: Land Development Procedures and Standards
Fifth Section One: General Administrative Provisions Sixth Section Two: Types of Reviews Seventh Section Three: Procedures for Obtaining Development Orders Eight Section Four: Design Standards and Development Criteria Ninth Appendices A thru G
John Tallent voiced general objection to the level of regulation. He also expressed real concern in reference to fees.
John Borgemeister echoed Mr. Tallent's sentiment from a development standpoint stating that the regulation is too much.
The Board Attorney presented a change in 5.4 A-2 Set-back from Natural Surface Water Bodies. Change in Water Line. Lew Carter suggested the High Water Line language be used. John Tallent presented language from the Water Management District Basis for review.
John Borgemeister addressed the issue of Surety for construction of Subdivisions. He will readdress at the next hearing.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to accept Article Five as presented by the LDR Task Force and amended by the LPA; to strike the Administrative Code language 40. D-4 and adding at the end the following as read by the Board Attorney:
As used here in the term seasonal high water line means the elevation to which the ground or surface water can be expected to rise due to a normal wet season.
Upon roll call, all Commissioners voted aye. Motion carried.
Article Six: Development Permit Provisions
Tenth Section One: Building Code
Public Testimony was received from John Tallent regarding clarification on dropping the PSI Residual from 35 to 20. The County Administrator responded.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to adopt Article Six Development Permit Provisions Section One, Building Code as submitted by the Land Development Task Force and amended by the Local Planning Agency. Upon Roll call, all Commissioners voted aye. Motion carried.
IV: Chairperson announces that the first reading of the title of the L.D.R. Ordinance has been heard. The second reading and adoption of the Ordinance is set for November 14, 1994 at 5:30 P.M. in the Board of County Commissioners Chambers
The Chairperson adjourns hearing at 6:44 P. M.
______Chairman BOOK 16 PAGE 21
Attest: ______Clerk
*****************************************************************
BOOK 16 PAGE 31
L.D.R PUBLIC HEARING OF THE BOARD, NOVEMBER 14, 1994
1. Chairman convenes the Public Hearing for the second reading of the LDR ordinance at 5:30 P.M. with the following members present:
Audrey Vickers Carl Cool James L. Gose Jim Polatty Archie Summers J. Ross Macbeth C. Guy Maxcy Louise Graham Doris Gentry
Roll Call to establish quorum for the record. All members present.
Carl Cool enters proof of publication into the record. See SMB 22 Page 80.
II. Board Attorney explains purpose and ground rules of this public hearing.
III. Board Attorney explains adoption procedures.
Carl Cool - Staff report - changes
Chairman opens the hearing for public testimony. None was received.
First Article One: General Provisions Section One thru Three
Motion by Commissioner Gentry, seconded by Commissioner Gose to adopt Article One: General Provisions; Section One thru Three as recommended by the L.D.R. Task Force and approved by the Local Planning Agency. (Planning and Zoning Commission) Upon Roll call, all Commissioners voted aye. Motion carried. Article Four: Special Clearances and Reviews
Second Section One: Predevelopment Conference Third Section Two: Concurrency Clearance Fourth Appendices A & B
Motion by Commissioner Gose, seconded by Commissioner Maxcy to adopt Article Four: Special Clearances and Reviews, Section One, Predevelopment Conference; Section Two, Concurrency Clearance and Appendices A and B as presented by the L.D.R. Task Force and approved by the Planning and Zoning Commission. Upon Roll call, all Commissioners voted aye. Motion carried.
Article Five: Land Development Procedures and Standards
Fifth Section One: General Administrative Provisions Sixth Section Two: Types of Reviews Seventh Section Three: Procedures for Obtaining Development Orders Eight Section Four: Design Standards and Development Criteria Ninth Appendices A thru G
Motion by Commissioner Gentry, seconded by Commissioner Gose to adopt Article Five: Land Development Procedures and Standards; Section One: General Administrative Provisions, Section Two: Types of Reviews, Section Three: Procedures for Obtaining Development Orders, Section Four: Design Standards and Development Criteria, BOOK 16 PAGE 32
Appendices A thru G as recommended by the L.D.R. Task Force and approved by the Local Planning Agency (Planning and Zoning Commission). Upon Roll call, all Commissioners voted aye. Motion carried.
Article Six: Development Permit Provisions
Tenth Section One: Building Code
Motion by Commissioner Gose, seconded by Commissioner Maxcy to adopt Article Six: Development Permit Provisions, Section One, Building Code as recommended by the L.D.R. Task Force and approved by the Local Planning Agency (Planning and Zoning Commission). Upon Roll call, all Commissioners voted aye. Motion carried.
IV. L.D.R. ORDINANCE ADOPTION Title of ordinance read into the record by the Board Attorney. Motion by Commissioner Gose, seconded by Commissioner Gentry to adopt L.D.R. ordinance with an effective date of January 1, 1995. Upon Roll call, all Commissioners voted aye. Motion carried.
Public input was received from Joe Clarke regarding fees and John Borgemeister for a point of clarification on Irrigation System.
Commissioner Gentry commended Commissioner Gose on his outstanding work with the LDR committee.
The Hearing adjourned at 6:16 P. M.
______Chairman
Attest: ______Clerk
*****************************************************************
BOOK 16 PAGE 37
PUBLIC HEARING OF THE BOARD, NOVEMBER 21, 1994 PURCHASE OF MARL PIT PROPERTY
1. The meeting was called to order at 5:30 P.M. with the following members present:
Audrey Vickers Carl Cool C. Guy Maxcy Vaden Pollard James L. Gose J. Ross Macbeth Doris Gentry Louise Graham Archie Summers
2. Presentation to retiring Commissioners, Audrey Vickers and Archie Summers
Carla Stroup and Linda Caldwell presented the Commissioners with a card designed by the Drafting Department, William Dickey and Deborah Carnahan. The card contained "best wishes" from all county staff.
3. Proof of Publication entered into the record by the Operations Director, Vaden Pollard. See SMB 22 Page 92.
4. Operations Director presented purpose of Hearing.
5. Review of history of County efforts to acquire a marl pit.
6. Review of appraisal of proposed purchase.
7. Documents presented at the Public Hearing entered into the record. See Marl Pit file.
Commissioner Maxcy requested that the Operations Director explain to the Tax Payers how the county can purchase the property, build the road and mine the marl cheaper than having a sub contractor truck the marl in. The Operations Director presented a cost analysis explaining the savings.
8. Public comments were received from Hank Kowalski regarding the Natural Resources Advisory Council participation.
9. Discussion by the Board on purchase and cost of easement.
10. Consideration to purchase property
Motion by Commissioner Gentry, seconded by Commissioner Gose to exercise the option to purchase the property for the Marl Pit. Upon Roll call, all Commissioners voted aye. Motion carried.
11. Adjournment
The meeting adjourned at 6:05 P. M.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 16 PAGE 54
PUBLIC HEARING OF THE BOARD, DECEMBER 29, 1994
The meeting was called to order at 5:30 P.M. with the following members present:
Doris Gentry Tom Portz Jeri Canale J. Ross Macbeth John D. Barrett Stephanie Layton
Absent from the meeting were C. Guy Maxcy, and James L. Gose. Commissioner Gentry was acting Chairman.
Assistant County Administrator, Tom Portz, entered into the record the Proof of Publication for this public hearing. See SMB 22 Page 139 for copy.
Commissioner Gentry introduced Philip M. Harloff from the firm of Raymond James & Associates, Inc. from St. Petersburg, FL. He explained the Leon County Single Family Bond Program. There are 5 - 8 counties represented with 30-35 million dollars available. Highlands County could get about 5 million dollars. This is a first-time homeowner program. It is down payment assistance which works in conjunction with SHIP money.
Jim Polatty, Development Services Director, discussed the designated target areas in the county. See SMB 22 Page 140 for copy of Single Family Bond Program.
The Board Attorney explained Resolution 94-62 and the attached Interlocal Agreement on the single family bond program.
Motion by Commissioner Canale, seconded by Commissioner Barrett to adopt the Resolution. Upon Roll call, all Commissioners voted aye. Motion carried. See Resolution Book 9 page 21.
The meeting adjourned at 6:00 P.M.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 16 PAGE 77
PUBLIC HEARING OF THE BOARD, FEBRUARY 7, 1995 REVISION TO CHAPTER 12-ZONING REGULATIONS BOARD OF COUNTY COMMISSIONERS CHAMBERS COUNTY ADMINISTRATION BUILDING
The meeting was called to order at 5:01 p.m. with the following members present: C. Guy Maxcy Carl Cool Doris Gentry Gary Lower James L. Gose J. Ross Macbeth John D. Barrett Louise Graham Jeri Canale
1) Roll Call by the Deputy Clerk, Louise Graham, with all Board Members present.
2) Statement of notice requirements compliance by the Zoning Supervisor. See SMB 23 Page 30.
3) Purpose of Hearing-presented by Board Chairman First public hearing to review an ordinance that is designed to set development requirements in the Agriculture zoning developments as set out in Policy 3.3 Future Land Use Element of the adopted 1991 Comprehensive Plan.
4) Captions of the ordinance read into the record by the Board Attorney.
5) Hearing Procedure presented by Board Attorney.
6) Chairman opens public input
Attorney Wendell Whitehouse questioned the Board on the justification for the minimum requirement of 100 foot frontage.
7) County Commissioners questions and answers
8) County staff to bring back proposal that addresses this issue.
9) Second public hearing on proposed ordinance is scheduled for February 21, 1995, at 5:01 p.m., Board of County Commissioners Meeting Chambers, 411 South Eucalyptus Street, Sebring Florida.
The Hearing adjourned at 5:55 p.m.
______BOOK 16 PAGE 78
Chairman Attest: ______Clerk ***************************************************************** BOOK 16 PAGE 90
PUBLIC HEARING OF THE BOARD, FEBRUARY 21, 1995
1. The meeting was called to order at 5:01 P.M. with the following members present:
C. Guy Maxcy Tom Portz Doris Gentry Gary Lower James L. Gose J. Ross Macbeth John D. Barrett Louise Graham Jeri Canale
2. STATEMENT OF NOTICE REQUIREMENTS COMPLIANCE Gary Lower presented Proof of Publication into the record. See SMB 23 Page 54.
3. CHAIRMAN PRESENTS PURPOSE OF HEARING Second public hearing to review an ordinance that is designed to set development requirements in the Agriculture zoning for cluster developments as set out in Policy 3.3 Future Land Use Element of the adopted 1991 Comprehensive Plan.
4. BOARD ATTORNEY HEARING PROCEDURE Captions of Ordinance read into the record.
5. CHAIRMAN OPENS PUBLIC HEARING:
A) County Commissioners questions and answers Commissioner Barrett addressed Attorney Wendell Whitehouse question. Staff advised that those concerns are being answered.
B) Chairman opens for public input No public input was received.
6. MOTION ON THE ORDINANCE Motion by Commissioner Canale, seconded by Commissioner Gose to adopt Ordinance providing for changes to Chapter 12 of the Code of Ordinances pertaining to Zoning. Upon Roll call, all Commissioners voted aye. Motion carried.
7. ADJOURNMENT The meeting adjourned at 5:08 P.M.
______Chairman
Attest: ______BOOK 16 PAGE 91
Clerk
***************************************************************** BOOK 16 PAGE 91
PUBLIC HEARING OF THE BOARD, FEBRUARY 28, 1995
The meeting was called to order at 9:00 A.M. in the Board of County Commissioners Chambers at 411 South Eucalyptus Street, Sebring, Florida with the following members present:
C. Guy Maxcy Carl Cool Doris Gentry J. Ross Macbeth James L. Gose Stephanie Layton John D. Barrett Jeri Canale
INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the Chairman, Guy Maxcy.
PUBLIC HEARING to allow citizen input on the need for a Neighborhood Revitalization Grant through the Community Development Block Grant Program.
Jim Polatty, Development Services Director, opened the public hearing to allow citizen input on the need for a Neighborhood Revitalization Grant through the Community Development Block Grant Program. Proof of Publication was entered into the record. See SMB 23 Page 55. The purpose of this grant program from the state is to assist local government in carrying out effective community development activities to arrest or reverse community decline and restore community vitality. The Grant is designed to extend a water line into the Highway Park neighborhood. Mr. Polatty recommended that Fred Fox be hired as a Consultant to prepare and submit the Grant on a contingency basis. The County will administer the Grant.
Mr. Fred Fox explained the structure of the Grant and answered questions from the Board.
Mr. Norman McMinns, President of the Highway Park Citizens Association, spoke about the need for the water lines in Highway Park. He also discussed the possibility of using SHIP funds for hook-up fees for qualified homeowners.
Betty Neale, Enterprise Community Coordinator, stated that this is a priority project.
Vaden Pollard, Road & Bridge Operations Director, discussed present conditions of roads in Highway Park.
Motion by Commissioner Gentry, seconded by Commissioner Barrett to go forward with the CDBG project. Upon Roll call, all BOOK 16 PAGE 92
Commissioners voted aye. Motion carried.
Chairman Maxcy asked if anyone else from the public wished to speak on neighborhood revitalization grants.
Mr. Harold Owen, President of Twin Lakes Property Owners Association, asked if Kenko could come in and complete the water lines in Twin Lakes. The Board directed the County Administrator to negotiate with Kenko and get back to the Board next week.
Public Hearing closed.
RECESS: 10:40 A.M. - 10:55 A.M.
WORKSHOP: Avon Park Landfill Privatization
Vaden Pollard, Road & Bridge Operations Director, discussed the environmental problems that could surface if this property was sold. To have an environmental audit done at this site would cost the county $6,000 - $8,000. See SMB 23 Page 56 for copy of financial requirements of DEP and Revenue/Expenditures for this landfill.
Ross Macbeth, County Attorney, explained the risks of selling this landfill. He stated that the safest solution would be to close the landfill and never sell it.
Clayton Womer spoke of his concern in selling this property.
The Board directed the County Administrator to bring back any proposals to purchase this landfill.
THE MEETING ADJOURNED AT 11:40 A.M.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 16 PAGE 123
PUBLIC HEARING OF THE BOARD, April 4, 1995
The meeting was called to order at 5:01 P.M. with the following members present:
C. Guy Maxcy Doris Gentry Carl Cool James L. Gose J. Ross Macbeth John D. Barrett Stephanie Layton Jeri Canale
INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Carl Cool. The Pledge of Allegiance was led by Richard Conover.
Proof of Publication entered into the record by the County Administrator. See SMB 23 page 116.
Chairman Maxcy gave a brief explanation of the purpose of the public hearing and welcomed the audience.
County Attorney, Ross Macbeth, stated that this is the first of two public hearings to adopt or change the regulations affecting sexually oriented businesses. The second public hearing will be April 18, 1995. Mr. Macbeth read the caption of the Ordinance into the record and reported that the Zoning Department is still working on their recommendation as to the appropriate zoning category for these businesses.
County Administrator, Carl Cool, described the Ordinance currently in place and the reasons for a Countywide Ordinance instead of 3 city Ordinances.
The Board heard public input from Frank Platt, representing the Christian Coalition of Highlands County, Jeff Ludwig, Pauline White, Pastor Gary Jones, Pastor Robert Lewis, Bob Hoffman, and Don Stewart in favor of this Ordinance.
The meeting adjourned at 6:20 p.m.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 16 PAGE 124
BOOK 16 PAGE 146
PUBLIC HEARING MEETING OF THE BOARD, May 4, 1995
The meeting was called to order at 8:30 A.M. with the following members present:
C. Guy Maxcy Doris Gentry Carl Cool John D. Barrett J. Ross Macbeth Jeri Canale Stephanie Layton
Proof of publication entered into the record by the County Administrator. See SMB 23 Page 162.
Ross Macbeth, Board Attorney, explained that the meeting was advertised as a public hearing and special meetings of the Board of County Commissioners of Highlands County and the City Council of the City of Sebring to consider adoption of a strategic plan for an enterprise zone.
Roll was called for the Board with all commissioners present except Jim Gose. Present from the City Council were: Mr. Hensley, Jim Richardson, Pat Wilk, and Margie Rhoades. Also present was Mayor Rudasill. Pauline White was not present.
The Board Attorney stated that the City Council has adopted a resolution identifying an enterprise zone area as Resolution 95- 8, and the Board of County Commissioners have done likewise as Resolution 95-24. They both identify the same geographic area as enterprise zone.
Motion by Commissioner Gentry, seconded by Commissioner Canale to approve the strategic plan as presented. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Councilwoman Wilk, seconded by Councilwoman Rhoades to adopt this presentation of the Florida Enterprise zone plan. Upon Roll call, all Council members voted aye. Motion carried.
The Board Attorney explained that the application certification is required to be signed by the nominating governing bodies as part of the application.
Motion by Commissioner Barrett, seconded by Commissioner Gentry to have Chairman Maxcy sign the application to the State. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Councilwoman Wilk, seconded by Councilman Richardson to authorize President Hensley to sign the application on behalf of BOOK 16 PAGE 147 the city. Upon Roll call, all Council members voted aye. Motion carried.
The meeting adjourned at 8:40 a.m.
______Chairman
Attest: ______Clerk
*****************************************************************
BOOK 16 PAGE 190
PUBLIC HEARING OF THE BOARD TO ADOPT OR CHANGE REGULATIONS AFFECTING THE USE OF LAND IN THE UNINCORPORATED AREA OF HIGHLANDS COUNTY
1. The meeting was called to order on June 20, 1995 at 5:00 P.M. at 411 S. Eucalyptus Street, Sebring, Florida with the following members present:
C. Guy Maxcy Carl Cool Doris Gentry Jim Polatty James L. Gose J. Ross Macbeth John D. Barrett Stephanie Layton Jeri Canale
2. Proof of Publication entered into the record by the County Administrator. See SMB 24 Page 28.
3. Jim Polatty, Development Director, read the agenda items into the record. See Comp Plan file for copy.
4. Board Attorney, Ross Macbeth, reviewed the hearing procedure.
5. Jim Polatty read into the record the recommendations made by the Planning and Zoning Commission, acting as the Local Planning Agency. The second public hearing on the proposed ordinance is scheduled for July 3, 1995.
6. The Chairman called for public input. John Borgemeister spoke on the issue.
Motion by Commissioner Gentry, seconded by Commissioner Gose to adjourn the public hearing. Upon Roll call, all Commissioners voted aye. Motion carried.
7. Public Hearing adjourned at 5:20 p.m.
JOINT WORKSHOP OF THE BOARD
1. The workshop was called to order at 5:30 p.m. in the Board of County Commission Chambers at 411 S. Eucalyptus Street, Sebring, Florida with all members present.
2. Also present were Lew Carter and James Osborn from the Planning and Zoning Commission. Steven Miller, James Wohl, Jim Livingston, Donald Bates and Kurt Olsen were present from the Natural Resources Advisory Committee. BOOK 16 PAGE 191
3. DISCUSSION OF COMPREHENSIVE PLAN AMENDMENT CPA-95-012 The Board Attorney discussed the non-ad valorem assessment on all taxable properties as a funding source to acquire the environmentally sensitive lands in the county. He feels that this funding source will not be available; but has other funding sources to explore.
4. The Chairman called for public input. Speakers were: Jim Livingston, Joe Clark, Hank Kowalski, Bruce Sherwood, John Borgemeister, Wendell Whitehouse, James Wohl, Kurt Olsen and Dan Foley.
5. Joint Workshop adjourned at 7:20 p.m.
______Chairman
Attest: ______Clerk
***************************************************************** BOOK 16 PAGE 474
PUBLIC HEARING OF THE BOARD, MARCH 26, 1996
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Doris Gentry J D Barrett Carl Cool James L Gose J. Ross Macbeth Jeri Canale Louise Graham C Guy Maxcy
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The meeting opened with a prayer by the Chairperson, Doris Gentry.
3. ANNOUNCEMENTS:
The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. PUBLIC HEARING TO CONSIDER PURCHASE OF RIGHT OF WAY ON ARBUCKLE CREEK ROAD
Proof of Publication entered into the record by Bill Stephenson. See SMB 25 Page 171. Mr. Stephenson advised that the purpose of this Hearing is to acquire property needed for the Arbuckle Creek Road widening. The request is for obtaining a 20 to 25 foot strip on either side of the road owned by S. Y. Hartt & Son, Inc. This would give the county 100 feet of right of way. The Chair opened the floor to the public. None was received.
Motion by Commissioner Maxcy, seconded by Commissioner Barrett to approve the purchase of right of way from S.Y. Hartt & Son, Inc. In the amount of $44,703.80. Upon roll call, all Commissioners voted aye. Motion carried.
5. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 6, CODE OF ORDINANCES OF HIGHLANDS COUNTY, RELATING TO PENALTIES FOR FAILURE TO PAY BUSINESS AND OCCUPATIONAL LICENSE TAXES
Proof of publication entered into the record by the County Administrator. See Proof of Pub Book 1 Page 121. The Board Attorney read the ordinance into the record and advised that this was the second reading of the ordinance. The Chair opened the floor to the public. No input was received.
Motion by Commissioner Barrett, seconded by Commissioner Canale to adopt ordinance BOOK 16 PAGE 475 amending subsection (3) of section 6-10 of Chapter 6 of the Code of ordinances, relating to penalties for failure to pay business and occupational license taxes. Upon roll call, all Commissioners voted aye. Motion carried.
6. PUBLIC HEARING TO CONSIDER ZONING CHANGE AND SMALL-SCALE PLAN AMENDMENT:
CPA-96-029 AND HEARING #1378 - COMBAT VETERANS MEMORIAL POST 9853, INC., c/o JAMES DICKEY
Requesting a Small-Scale Plan Amendment from "General Agriculture" to "Commercial" and a zoning change from AU (Agriculture) to B-3 (Business District). Applicant desires to place an off-site sign. The recommendation of the Planning and Zoning Commission and the Local Planning Agency was to approve the request for Lots, 13, 14 and 15 and waive the minimum square footage and frontage requirements as set out in Section 12-3 (b) (2).
Proof of Publication and staff reports entered into the record by Gary Lower, Zoning Supervisor. See Proof of Publication Book 1 Page 122. The Chair opened the floor to the public. Richard Conover urged the Board to approve the request as recommended by the Planning and Zoning Board.
Motion by Commissioner Barrett, seconded by Commissioner Gose to accept Option #1 to approve the request for Lots 13, 14, and 15 and waive the minimum square footage and frontage requirements and adopt Resolution for the B-3 rezone and Ordinance for the Commercial designation on the Future Land Use Map. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 5.
The Chair suggested that Board forward any concerns regarding Solid Waste to the County Administrator before the scheduled workshop on April 9, 1996.
7. ADJOURN
The meeting adjourned at 9:21 a. m
______Chairperson
Attest: ______Clerk
***************************************************************** BOOK 16 PAGE 527
PUBLIC HEARING OF THE BOARD, MAY 28, 1996
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Doris Gentry J Ross Macbeth J D Barrett Louise Graham James L Gose Jeri Canale C Guy Maxcy
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The meeting opened with a prayer by Commissioner Guy Maxcy.
3. ANNOUNCEMENTS:
The Asst. County Administrator read the reported meetings into the record.
4. ACTION:
Motion by Commissioner Gose, seconded by Commissioner Maxcy to set the Action Agenda as listed with the deletion of Item D, Public Hearing to consider purchase of the tracts in Sebring Highlands. Preston Colby questioned the reason for withdrawing the item. The Chair advised that the delay was due to improper advertisement. Upon Roll call, all Commissioners voted aye. Motion carried.
A. PUBLIC HEARING TO CONSIDER PROPOSED CONSISTENCY ZONING CHANGES AND SMALL SCALE PLAN AMENDMENTS
HEARING #1388 - ROBERT & LYNN TOPEL - CONSISTENCY REZONE Lot 1, Block P, Lake Shore Park Subdivision per P.B. 1, Pg. 1, of the Public Records of Highlands County, Florida, and an unnamed street parallel to and adjoining on the north boundary of Lot 1, Block P. Requesting a zoning change from AU (Agricultural) to R-1 (Residential district).
HEARING #1389 - MATTHEW M. & JEWELLENE SULLIVAN - CONSISTENCY REZONE Tracts 1, 2, 3, 4, and 4.1, Resub of Lot 4, Block 1, as recorded in P.B. 12, Pg. 11, of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) and B-2 CU (Limited Business district with Conditional Use) to EU (Estate district). BOOK 16 PAGE 528
HEARING #1391 - JACK B. & DORA PITTMAN CONSISTENCY REZONE South 200 feet of North 800 feet of fraction of SE 1/4 of NE 1/4 located in Sec. 8, Twp. 37, Rge. 30, Tract 14 Requesting a zoning change from AU (Agricultural) to EU (Estate district).
HEARING #1392 - JAMES W. AARON - CONSISTENCY REZONE South ½ of Lot 44, Lake View Park Tract, according to Transcript Book, Page 11. Requesting a zoning change from AU (Agricultural) to M-1-S (Mobile Home and Residential Subdivisions district).
HEARING #1394 - GRACE T. BRYANT AND MARY B. GREMP AND CARMEL LOPEZ DONEY TRUST AND MARY E. WALKER - CONSISTENCY REZONE Block 145, Lots 1-6 and Block 144, Lots 1-16, Northside Subdivision, Plat Book 3, Page 32, Public Records of Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to M-1 (Mobile Home Subdivisions district).
HEARING #1393 - LIONEL E. LAGROW & ESTATE OF PATRICIA A. LAGROW - CONSISTENCY REZONE An approximate 25.03 acre parcel located in Sec. 30, Twp. 36, Rge. 30, a/k/a Tract 15 Requesting a zoning change from AU (Agricultural) to R-1 (Residential district).
Jim Polatty, Development Services Director, read the Consistency Zoning changes, staff reports and the Planning and Zoning Board recommendations. Proof of Publication presented. See SMB 26 Page 49. The Chair called for public input. Richard Conover questioned the vote of the Planning and Zoning Board. Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve all Consistency Rezones and adopt Resolutions. Mr. Polatty read into the record the objection from Mr. Bill Tousey and Mr. Jim Morrison. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 19.
CPA - 96-031 - TDN, INC. C/O PETE BELL, PICKETT & ASSOCIATES, INC. An approximate 3.2 acre parcel located in Sec. 9, Twp. 35, Rge. 33. Requesting a Small-Scale Plan amendment from “Medium Density Residential” to “Commercial”. Jim Polatty presented the request. The Chair opened the public hearing to the public. Pete Bell, representing the applicant ask if there were any questions. None were received. Proof of Publication entered into the record. See Proof of Publication Ordinance Book 1 Page 125. Commissioner Maxcy made a motion to approve CPA - 96-031 including the mandatory findings and plan consistency findings and adopt Ordinance. The motion was seconded by Gose. Upon roll call all members voted aye. The motion carried.
CPA - 96-032 - DAVIS & GAINES, INC. C/O EARLY N. DAVIS, JR. An approximate 1.86 acre parcel located in Sec. 14, Twp. 36, Rge. 29. BOOK 16 PAGE 529
Requesting a Small-Scale Plan amendment from “General Agriculture” to “Commercial”. Mr. Polatty explained to the Commission the staff report and the reason for the Planning Department‘s denial of the request. His Department recommended an existing designation. Proof of Publication entered into the record. See Proof of Publication Ordinance Book 1 Page 126. Duane Neiderman gave a staff presentation on a partial vision for the county. The Board discussed the issue of a scenic route and the property rights issue. The Chairperson opened the public hearing to the public. Nick Davis, a family member addressed concerns raised in regards to the commercial property. Dan Foley, Citrus Growers Association, spoke in favor of the Citrus Grower being allowed to use his property for other uses. Commissioner Gose recommended that developers provide frontage roads onto US 27. The attorney suggested that the Board set out a zone and spell out for that area the requirements for frontage roads and the requirement to become a part of the LDR’s.
Motion by Commissioner Barrett, seconded by Commissioner Canale to approve CPA 96-032, adopt the Ordinance to amend the FLUM. Commissioner Barrett amended the motion to read that the plan consistency findings is consistent with the Comprehensive Plan and the Environmental Clearance is not required. Upon Roll call, all Commissioners voted aye. Motion carried
Break 10:09 - 10:15 p.m.
H. 10:15 A.M. - CONGRESSMAN CHARLES CANADY
Congressman Charles Canady addressed issues related to the Avon Park Bombing Range. He advised that by the end of August a deed should be provided to the county for 45 acres for conversion to a Juvenile Justice facility. The 100-bed facility should employ about 100 people and operate with an annual budget of approximately $3.5 million. The aim is to rehabilitate non-violent offenders.
The report for the Veterans Cemetery is not favorable. The Veterans Administration have rejected plans to establish a national cemetery at the bombing range. They are looking at an area around Miami and Ft Lauderdale. They have indicated that there is a grant area that is available for state cemeteries. This avenue may be explored.
Congressman Canady also discussed the subject of developing an Electronic Warfare Range at the Avon Park Range. There is some interest among the Air Force and he intends to pursue this idea as it could be a benefit to the entire community.
Commissioner Canale posed the question of a veterans satellite clinic to be located in this area. Mr. Canady advised that he would be willing to discuss this with the committee person that chairs the subcommittee on veterans health care. The vacated hospital could be an option to consider.
Commissioner Barrett suggested that Congressman Canady work with Representative Foley on the beefing up of the Sebring Airport to provide infrastructure to handle the large aircraft that would be interested in locating in this area. BOOK 16 PAGE 530
The Chair also welcomed Greg Chenault from the Juvenile Justice Center. Commissioner Maxcy suggested a meeting with the residents in regards to the Juvenile Justice Center to discuss preliminary plans.
B. PUBLIC HEARING REGARDING PROPOSED CHANGES TO CHAPTER 12
Proof of Publication and changes presented by the Zoning Supervisor, Gary Lower. See Proof of Publication Book 1 Page 127. Staff reports also read into the record. The Chair opened the floor to the public. No one spoke either for or against.
Motion by Commissioner Maxcy, seconded by Commissioner Barrett to adopt Ordinance on proposed changes to Chapter 12. Upon Roll call, all Commissioners voted aye. Motion carried.
C. PUBLIC HEARING REGARDING PROPOSED CHANGES TO THE UTILITY ORDINANCE AND THE PD ORDINANCE
Proof of Publication presented into the record. See Proof of Publication Book 1 Page 128. Mr. Polatty presented the recommendation of the LDR Task Force and Planning Staff. See SMB 26 Page 50. Commissioner Gose presented comments regarding the LDR Task Force recommendations. John Martz, Florida Power Corporation, spoke regarding the type of utility poles used.
Motion by Commissioner Gose, seconded by Commissioner Barrett to hold the second Public Hearing on June 25, 1996 at 9:00 a.m. to consider the ordinance. Upon Roll call, all Commissioners voted aye. Motion carried.
Commissioner Gose recommended that the Board identify anything from 70 kv or less capacity be considered "distribution lines" and not require approval from the Board of County Commissioners for issuance of a utility permit. The board attorney presented suggested language (Electric lines of 70 kv or less are exempt from the requirements part N of this section, but subject where applicable, to the remainder of this section). Commissioner Gose was agreeable to the verbiage.
PD ORDINANCE
The Development Services Director read the description of the P.D. ordinance into the record and presented the changes to the ordinance.
The Chair opened the hearing to the public. No one spoke for or against.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to hold the second public hearing on June 25, 1996 at 9:00 a.m. for adoption. Upon Roll call, all BOOK 16 PAGE 531
Commissioners voted aye. Motion carried.
D. PUBLIC HEARING TO CONSIDER PURCHASE OF THREE TRACTS IN SEBRING HIGHLANDS Withdrawn
E. PUBLIC HEARING TO CONSIDER PLAT VACATION - PLACID LAKES, SECTION 11
Proof of Publication and petition entered into the record by William Lecher, County Engineer. See SMB 26 Page 51. The Chair called for public input. Polston Engineering presented the recommendations.
Motion by Commissioner Barrett , seconded by Commissioner Gose to adopt Resolution vacation a portion of a plat located in Placid Lakes, a portion of Block 131 and all of Block 132 and a portion of Mercury Ave and all of Short Road of Section 11. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 20.
F. PUBLIC HEARING TO CONSIDER EASEMENT VACATIONS - SUN’N LAKE ESTATES UNIT 2
Proof of Publication entered into the record. See SMB 26 Page 52. The County Engineer presented the petition for Jorge F. Gonzalez and Jose L. Ruiz. The Chair called for public input. None was received.
Motion by Commissioner Canale, seconded by Commissioner Gose to adopt Resolution vacating various utility and drainage easements of Lots 8,9,10,11,12 and 13, Block 30 located in Sun’n Lakes, Unit 2. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 21.
G. PUBLIC HEARING TO CONSIDER EASEMENT VACATIONS - SUN’N LAKE ESTATES UNIT 2.
Proof of Publication entered into the record. See SMB 26 Page 53. The County Engineer presented the petition for Sun’n Lake Properties. The Chair opened the floor to the public. No one spoke in favor or against.
Motion by Commissioner Barrett , seconded by Commissioner Canale to adopt Resolution vacating various utility and drainage easements located on Lots 24,25,26,27,28, 29 and the west ½ of Lot 30, Unit 2. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 22.
The Asst. County Administrator advised that the Tax Deed Sale will begin at 9:00 a.m. in the Board of County Commission Chambers BOOK 16 PAGE 532
5. ADJOURN
The meeting adjourned at 11:05 a.m.
______Chairperson Attest:______Clerk
***************************************************************************************************** BOOK 16 PAGE 556
PUBLIC HEARING OF THE BOARD, JUNE 25, 1996
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Doris Gentry Charles Lairsey J D Barrett Carl Cool James L Gose J. Ross Macbeth Jeri Canale Louise Graham C Guy Maxcy
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The meeting opened with a prayer by the Chairperson, Doris Gentry.
3. ANNOUNCEMENTS:
The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. PUBLIC HEARING to consider an ordinance amending section 9-98 of the code of ordinances, to allow purchases based on competitive bids obtained by other governmental entities. Sun’n Lake of Sebring Improvement District.
Proof of Publication and petition entered into the record by the County Administrator. See Proof of Pub Ordinance Book 1 Page 129. Captions of the Ordinance read into the record by Mr. Macbeth.
The Chair opened the floor to the public. Attorney John McClure, representing the District spoke in favor of the adoption.
Motion by Commissioner Maxcy, seconded by Commissioner Canale to adopt ordinance amending Section 9-98 of the Code of Ordinances, to allow purchases based on competitive bids obtained by other governmental entities. Upon Roll call, all Commissioners voted aye. Motion carried. See SMB 26 Page 87 A.
5. PUBLIC HEARING: Request to record lien, case #9596-006
Proof of Publication entered into the record by Alan Decker, Code Enforcement Officer. See SMB 26 Page 87. Mr. Decker explained the Nuisance Abatement.
The Chair opened the floor to the public. No one responded. BOOK 16 PAGE 557
Motion by Commissioner Maxcy, seconded by Commissioner Canale to approve request to record lien, case #95-96-006, located at 3611 Paradise Drive, Sebring, Florida in the amount of $3,300. Upon Roll call, all Commissioners voted aye. Motion carried. See SMB 26 Page 88.
6. PUBLIC HEARING to consider an ordinance amending Division 3, Chapter 2 of the code of ordinances, regarding quasi-judicial proceedings and ex-parte communications
Proof of Publication entered into the record. See Proof of Pub Ordinance Book 1 Page 130. Captions of the ordinance read into the record and explained by the Board Attorney. After Board discussion, the Chair opened the floor to the public. Mr. John Martz requested clarification in regards to the effect this ordinance would have on appointed officials. The Board Attorney suggested it would apply to those acting in a quasi-judicial capacity.
Motion by Commissioner Canale, seconded by Commissioner Gose to adopt ordinance amending Division 3, Chapter 2 of the Code of Ordinances, providing for Quasi-Judicial proceedings and providing for procedures relating to Ex-Parte Communications Upon Roll call, all Commissioners voted aye. Motion carried.
7. PUBLIC HEARING regarding proposed changes to the Utility Ordinance and the PD Ordinance
(A) UTILITY ORDINANCE
Proof of Publication entered into the record by the Development Director. See Proof of Pub Ordinance Book 1 Page 131. Mr. Polatty briefly explained the proposed changes as recommended by the Planning and Zoning Commission. The Board Attorney read the captions of the ordinance into the record. Additional corrections were presented for accuracy to the document.
The Chairperson opened the floor to the public. John Martz explained the meaning of a 70 KV utility line.
Motion by Commissioner Canale, seconded by Commissioner Gose to adopt utility ordinance approving the changes regarding the distribution or transmission lines with the capacity of 70 KV or less. This will eliminate the requirement of the public hearing process. Upon Roll call, all Commissioners voted aye. Motion carried.
(B) P D ORDINANCE
The Development Services Director read the captions of the PD ordinance into the record. Discussion by the Board on the recommendations of the Planning and Zoning Board. Mr. BOOK 16 PAGE 558
Polatty briefly explained the purpose of the ordinance. Mr. Macbeth pointed out the changes. The Chair opened the floor to the public. Clayton Womer presented a question regarding the procedure for a development.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve adoption of the PD Ordinance as discussed. Upon Roll call, all Commissioners voted aye. Motion carried. See Development Director file for copy of information.
8. DEVELOPMENT DIRECTOR: Granting of special Exceptions by the Board of County Commissioners
Withdrawn
9. PUBLIC HEARING to consider consistency zoning changes
HEARING #1395 - RAMON & MODESTA HERNADEZ CONSISTENCY REZONE Three tracts of land comprising of approximately 5.5 acres located in Sec. 6, Twp. 35S, Rge. 29E Requesting a zoning change from AU (Agricultural) to R-2 (Two Family Dwelling district).
Proof of Publication entered into the record. See SMB 26 Page 89. Petition presented by Jim Polatty.
Discussion by the Board regarding the mixed zoning. The Board Attorney suggested that if there are questions regarding zoning density, land use designations state that the Comprehensive Plan has designated this as medium density residential, whether its zoned R-1 or R-2. This is a zoning issue that is considered in a zoning hearing. If you find that the appropriate zoning might be R-1 for this area, instead of R-2, the Board may consider that.
Gary Lower explained the density issue determinations. The Chair opened the floor to the public. Washington Quinones, attorney for the Petitioner, advised that he has no objection to the R-1 zoning.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to adopt Resolution granting the consistency rezone with the R-1 zoning, and entering the mandatory findings and staff reports into the public hearing record. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 24.
HEARING #1396 (A) & (B) - THE MACKLE COMPANY, INC., AND ROBERT F. MACKLE JR. AND BARBARA MACKLE - WOODWARD, TRUSTEES - CONSISTENCY REZONE Two tracts of land comprising of approximately 95.0 acres located in Sec. 32, Twp. 36S, Rge. 30E BOOK 16 PAGE 559
Requesting a zoning change from AU (Agricultural) to EU (Estate district).
HEARING #1397 - A. HAROLD LINDAU - CONSISTENCY REZONE An approximate 18.2 acre tract of land located in Sec. 04, Twp. 38S, Rge 30E Requesting a zoning change from CG-1 (Campground district) and M-2 (Mobile Home Parks district) to AU (Agricultural).
The Chair opened the floor to the public for consistency rezones #1396-A &B and #1397. No one responded.
Motion by Commissioner Canale, seconded by Commissioner Barrett to adopt Resolutions to approve consistency rezones for Hearings #1396-A-B and #1397 with appropriate staff reports and mandatory findings entered into the record. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 25-26-27.
10. PUBLIC HEARING to consider vacating a portion of a plat in Red Hill Farms
Proof of Publication and petition entered into the record by Lisa Burley, Administrative Aide. See SMB 26 page 91. No letters of objection were received from Board Department’s or the Utility Companies. The Chair opened the floor to the public. No one spoke either for or against.
Motion by Commissioner Maxcy, seconded by Commissioner Canale to adopt Resolution vacating a portion of Block 55, lots 1 thru 12, Red Hill Farms. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 28.
The Chair recognized Sebring High School Community Based Construction Class as a visitor to the Board meeting.
11. Adjourn
The meeting adjourned at 10:29 a.m.
______Chairperson
Attest: ______Clerk
**************************************************************************************************** BOOK 1 PAGE 460
PUBLIC HEARING OF THE BOARD, JULY 23, 1996 SEBRING HIGHLANDS SPECIAL BENEFIT DISTRICT
The meeting was called to order at 10:55 a.m. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Doris Gentry Charles Lairsey J D Barrett Carl Cool James L Gose J. Ross Macbeth Jeri Canale Louise Graham C Guy Maxcy
5. PUBLIC HEARING TO CONSIDER PURCHASE OF LAND IN SEBRING HIGHLANDS
Motion by Commissioner Gose to waive the procedures for purchasing property in the Sebring Highlands District. The motion died for lack of a second.
Commissioner Maxcy requested an update of the lawsuit regarding the district. The Board Attorney responded. Mr. Macbeth advised that the contract does not have to be cleaned up as making changes and initialing them is common. Mr. Macbeth also commented on the price of the lots.
Commissioner Gose presented a history of the request to pave the road. Motion by Commissioner Barrett, seconded by Commissioner Gose to waive the procedures for appraisals.
Hank Kowalski spoke opposing the motion.
Upon roll call, all Commissioners voted aye. The motion carried.
Motion by Commissioner Canale, seconded by Commissioner Barrett to approve the purchase of the lots. Upon roll call, Commissioners Canale, Barrett, Gose and Gentry voted aye. Commissioner Maxcy voted nay. Motion carried.
The meeting adjourned at 11:42 p.m.
______Chairperson
Attest ______Clerk ***************************************************************************************************** BOOK 1 PAGE 461 BOOK 16 PAGE 579
PUBLIC HEARING OF THE BOARD, JULY 23, 1996
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Doris Gentry C Michael Eastman J D Barrett Carl Cool James L Gose J Ross Macbeth Jeri Canale Louise Graham C Guy Maxcy
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The meeting opened with a prayer by the Chairperson, Doris Gentry.
3. ANNOUNCEMENTS:
The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Mr. Cool announced a special called meeting by the Board at 5:01 p.m. to consider the payment of a quarterly bill to the state.
Commissioner Canale announced that she has gathered information from the Houston meeting and would like to hold several workshops to explore the cost saving measures with other Commissioners.
4. PUBLIC HEARINGS TO CONSIDER CONSISTENCY ZONING CHANGES, ZONING CHANGES, SMALL AND LARGE SCALE PLAN AMENDMENTS
Proof of Publication and petition presented into the record. See SMB 26 Page 116 and 117. Review of cases of cases #1398 & #1399 by the Development Services Director.
NEW BUSINESS: HEARING #1398 - KATHRYN ELYZABETH BEARD -CONSISTENCY REZONE: An approximate 10.0 acre parcel located in Sec. 23, Twp. 34S, Rge. 28E. - Requesting a zoning change from AU (Agricultural) to R-1 (Residential district).
HEARING #1399 - PLACID TRUST, BETTIE MCANLY, TRUSTEE - C/O DWIGHT NADEAU - CONSISTENCY REZONE: An approximate 9.32 acre parcel located in Sec. 9, Twp. 35S, Rge. 29E. - Requesting a zoning change from AU (Agricultural) to B-3 (Business district).
Commissioner Canale pointed out a correction to the legal description. The Attorney advised staff to correct scrivener errors. The Chair opened the floor for public input. None was received. BOOK 16 PAGE 580
Motion by Commissioner Gose, seconded by Commissioner Maxcy to accept recommendation of the Planning and Zoning Board, upon entering into the record mandatory findings and adopt Resolution approving Hearing #1398 and #1399 zoning change. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 37 & 38.
HEARING #1400 - KINGSWOOD MANOR HOMEOWNERS ASSOCIATION - C/O JEFFREY K. LUDWIG : Tract A, Lots 16 through 29 and Lots 31 through 36, Kingswood Manor Townhouses as recorded in Plat Book 14, Page 19 of the Public Records of Highlands County, Florida - Requesting a zoning change from R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development).
The Chair opened the Public Hearing to the public. Mr. Ludwig, agent for the Kingswood Manor Homeowners Association presented the petition. Mr. Ken Davidson, President of the Kingswood Manor Homeowners Association spoke for the request.
Motion by Commissioner Barrett, seconded by Commissioner Canale to approve the recommendation of the Planning and Zoning Board to adopt the Resolution approving the Zoning request, upon entering the mandatory findings into the record. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 39.
CPA - 96-042-SS - WILLARD C. NICKERSON - C/O JACK SHORT: An approximate 9.79 acre parcel located in Sec. 4, Twp. 35S, Rge. 29E. - Requesting a Small-Scale Plan amendment from “Low Density Residential” to “High Density Residential”.
HEARING #1401 - WILLARD C. NICKERSON - C/O JACK SHORT An approximate 9.79 acre parcel located in Sec. 4, Twp. 35S, Rge. 29E. Requesting a zoning change from CG-1 (Campground district) to RV FUD (RV Park with a Flexible Unit Development). Applicant desires a RV Park. Mr. Polatty presented petition for both hearings.
Mr. Jack Short, representing the petitioner, presented the request. The Chairperson opened the floor to the public. Richard Conover questioned a letter of intent to be added to the public record.
Commissioner Barrett made a motion, upon entering the mandatory findings into the public record to approve CPA 96-042 small scale amendment and Hearing #1401 contingent upon approval of the Small-Scale Plan amendment and adoption of the Resolution and Ordinance. The motion was seconded by Commissioner Gose. Upon roll call all commissioners voted aye. Motion carried. See Res. Book 10 Page 40.
CPA - 96-030-LS - ROBERT J. FEWELL AND MARIAN G. & GEORGE W. LASCHE ESTATE - C/O JACK SHORT: An approximate 90.15 acre parcel located in Sec. 35 & 36, Twp. 34S, Rge. 28E. - Requesting a Large-Scale Plan amendment from “Medium Density Residential” to “High Density Residential”. BOOK 16 PAGE 581
HEARING #1402 (A) & (B) - ROBERT J. FEWELL AND MARIAN G. & GEORGE W. LASCHE ESTATE - C/O JACK SHORT (B - CONSISTENCY REZONE) (A) An approximate 7.71 acre parcel located in Section 36, Twp. 34S, Rge. 28E. Requesting a zoning change from AU (Agriculture) to R-3 (Multiple Dwelling district). Applicant desires multiple dwellings. (B) An approximate 2.28 acre parcel located in Sec. 35, Twp. 34S, Rge. 28E. Requesting a zoning change from AU (Agriculture) to R-3 (Multiple Dwelling district). Applicant applied to be consistent with the Comprehensive Plan.
Commissioners Gentry, Gose, Canale and Maxcy acknowledged conversations with Mr. John Bailey, Mr. Donald McInnes and Mr. Gene Scheck who spoke in opposition to the zoning request.
Mr. Short presented the petition. He briefly discussed the Planning and Zoning recommendation concerning the R-1 zoning, and spoke in opposition. Plans are being considered to sell the property to the City of Sebring. Richard Conover discussed the R-1 zoning. Mr. Carlos Sullivan, Marvin Kasten, Horace Keen and Hank Kowalski spoke in opposition. Motion by Commissioner Canale, seconded by Commissioner Maxcy to deny Hearing Number 1402 (A) for R-3 zoning. The Zoning Supervisor explained the decision of the Planning & Zoning to approve R-1 zoning instead of the R-3 as requested. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Maxcy that Zoning Hearing #1402 B be denied for R-3 zoning. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose to uphold the Local Planning Agency recommendation to deny CPA-96-030 large scale amendment. Upon Roll call, all Commissioners voted aye. Motion carried.
Break 10:05 a.m - 10:15 a.m.
CPA - 96-033-LS - SUNPURE, LTD., A FLORIDA CORP. - C/O J. WENDELL WHITEHOUSE, ESQ.: Approximate 34 acres located in Sec. 4, Twp. 33S, Rge. 28E. - Requesting a Large-Scale Plan amendment from “General Agriculture” to “Industrial”. Mr. Polatty explained the request. The Chairperson opened to public comment. Mr. Whitehouse stated that this request is consistent with the overall concept of the Highlands County growth management plan. They are proposing an expansion of their existing use. Mr. Polatty read into the record a detailed plan that Mr. Whitehouse provided and how it relates to the Comp Plan.
Motion by Commissioner Barrett, seconded by Commissioner Gose to approve CPA-96-033 -LS as recommended by the Planning and Zoning Board after entering the mandatory findings into the record. Upon Roll call, all Commissioners voted aye. Motion carried.
HEARING #1403 (A) & (B) - SUNPURE, LTD., A FLORIDA CORP. - C/O J. WENDELL BOOK 16 PAGE 582
WHITEHOUSE, ESQ.: Approximate 34 acres located in Sec. 4, Twp. 33S, Rge. 28E. Requesting a zoning change from AU (Agriculture) to I-2 (Industrial district). Applicant desires a citrus processing plant. Planning and Zoning recommended a two step hearing re-zoning process and the applicant would provide a conceptual plan, recommend buffer and a site plan to bring back to the Board September 10, 1996, 3:00 p.m. No action was taken by the Board of County Commissioners.
CPA - 96-037-LS - B. B. CAVENDER AS TRUSTEE - C/O J. WENDELL WHITEHOUSE, ESQ.: Approximate 120.65 acre parcel located in Sec. 34, Twp. 34S, Rge. 28E. Requesting a Large-Scale Plan amendment from “Medium Density Residential” and “Commercial” to “High Density Residential” and “Commercial.
HEARING #1404 - B. B. CAVENDER AS TRUSTEE - C/O J. WENDELL WHITEHOUSE, ESQ.: Approximate 120.65 acre parcel located in Sec. 34, Twp. 34S, Rge. 28E. Requesting a zoning change from AU (Agriculture) and B-3 (Business district) to B-4 (Business district), and R-1 (Residential district) and AU (Agriculture) to M-2 (Mobile Home Parks district). Applicant desires commercial frontage and a mobile home park. Mr. Polatty explained the petition and read into the record a detailed plan as presented by Mr. Whitehouse. Mr. Whitehouse introduced petitioners and explained the development. The Chair opened the floor to the public. Richard Conover spoke regarding the impact of Memorial Drive. Commissioner Barrett made a motion, seconded by Commissioner Canale to approve the Hearing upon entering the mandatory findings into the record contingent upon approval of CPA-96-037-LS for a high density residential designation on the FLUM and adoption of Resolution. See Res. Book 10 Page 41.
CPA - 96-046-SS - LOREN CRISP OR JUDY CRISP: Approximate 8.97 acre parcel located in Sec. 25, Twp. 35S, Rge. 28E. - Requesting a Small-Scale Plan amendment from “Existing Designation” to “General Agriculture”.
HEARING #1405 - LOREN CRISP OR JUDY CRISP: Approximate 8.97 acre parcel located in Sec. 25, Twp.35S, Rge. 28E. - Requesting a zoning change from M-1-S (Mobile Home and Residential Subdivisions district) to AU (Agriculture). Applicant desires livestock . Commissioner Canale suggested corrections in the legal description of the ordinance. Jim Polatty presented recommendations. The Chair called for public input. Hank Kowalski spoke regarding the AU zoning. Commissioner Barrett made a motion to accept recommendations of the Planning and Zoning Board to approve Hearing #1405, with mandatory findings, contingent upon the Small-Scale Plan amendment with corrections as stated and adopt Resolution and Ordinance. Upon roll call all Commissioners voted aye. The motion carried. See Res. Book 10 Page 42.
5. PUBLIC HEARING TO CONSIDER PURCHASE OF LAND IN SEBRING HIGHLANDS-WATER RETENTION FOR ROAD CONSTRUCTION Proof of publication entered into the record. See SMB 26 Page 118. Bill Stephenson presented the request for the Board of Governors, Sebring Highlands Special Benefit District for three parcels of land for water retention to pave the Road. The Chairperson opened the public hearing for BOOK 16 PAGE 583 comments. Hank Kowalski spoke in opposition to the land purchase and the price comparison. A discussion ensued regarding the issue of an appraisal not being performed. Mr. Kowalski also mentioned the issue of an extension of the Public Hearing and the corrections to the contract. Mr. Stephenson advised that an error was made in the advertising as the proof of publication did not indicate that the Commissioners were sitting as Board of Supervisors. The Board Attorney cited statutes that allowed the Board to waive the procedures of purchasing property up to $100,000. At the direction of the Board Attorney, the Chairperson recessed the Public Hearing at 10:55 a.m. to allow the Board to take action as the Board of Supervisors of the Sebring Highlands Special Tax District.
The meeting reconvened at 11:42 a.m. with all members present.
6. PUBLIC HEARING TO CONSIDER VACATION OF EASEMENT-SPRING LAKE VILLAGE VIII, LOTS 10 & 11, PAGE 8
Bill Lecher requested that this item be postponed due to an error in the advertisement.
(A) BILL LECHER-UPDATE ON THE PLACID UTILITIES BILLING
An adjustment in the billing is required. Letters have been sent out explaining the adjustment. Phone calls may be received.
7. PUBLIC HEARING TO CONSIDER GRANT APPLICATION FOR CONSTRUCTION OF LINCOLN HEIGHTS BALLFIELD
Carl Cool presented request for a proposed ball field to be constructed from an FDRDAP grant. The proposed site for the ball field is at the Highlands County School Board Administration Office site. There would be no local match. If the Board agrees with this proposal, then a long term lease will be required from the School Board.
Motion by Commissioner Barrett, seconded by Commissioner Canale to authorize the application for the FDRDAP grant.
Keith Lockett spoke in favor of the proposal. See SMB 26 Page 119 for copy. The Board discussed the maintenance cost. Richard Conover spoke regarding the name of the field.
Upon Roll call, all Commissioners voted aye. Motion carried.
The Chair announced that a special meeting would be called at 5:01 p.m. for consideration to pay a Florida Department of Labor and Employment Security quarterly installment. . 8. The meeting recessed at 12:06 p.m. BOOK 16 PAGE 584
5:01 P.M. - RECONVENE
1. A special meeting was called at 5:01 p.m. with all Board members present. The meeting was advertised on the radio and an announcement placed on the Highlands County Bulletin Board. See SMB 26 Page 120.
2. CONSIDERATION TO PAY FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY QUARTERLY INSTALLMENT
Motion by Commissioner Canale, seconded by Commissioner Barrett to approve payment of bill as requested. Upon Roll call, all Commissioners voted aye. Motion carried.
3. ADJOURN
The special meeting adjourned at 5:05 p.m.
The Public Hearing reconvened at 5:05 p.m. with all members present:
9. PUBLIC HEARING TO CONSIDER COMPREHENSIVE PLAN TEXT AND FUTURE LAND USE MAP AMENDMENTS
CPA 96-026 - LAND USE CHANGE - BILL SCHLOSSER An approximate 67.5 acre parcel lying south of Schlosser Road and north of Huckleberry Lake, west of Sudan Interior Mission and east of Harder Hall Country Club. Requesting a change to the designated land use from Urban Agriculture to Low Density Residential. Petition and Proof of Publication presented by the Development Services Director. See SMB 26 Page 121. The Chair opened the floor to the public. Russ Albritton, representing Bill Schlosser petitioner, spoke in favor.
Motion by Commissioner Maxcy, seconded by Commissioner Barrett, to adopt Ordinance approving CPA-96-026, contingent upon a notice of intent being received from DCA with mandatory findings as entered into the record. Upon roll call, all Commissioners voted aye. The motion carried.
CPA-95- 012 - (JOE CLARKE) Comprehensive Plan Text amendments to the Natural Resources Element establishing a 20% cap on lands owned by federal, state, or local agencies, etc. Mr. Polatty presented the petition and read into the record the data and analyses used to develop all the plan amendments. See SMB 26 Page 122. The Chair opened the public hearing for input. Richard Conover spoke regarding the date of the zoning hearing. Dan Foley, representing the Highlands County Citrus Growers Association, spoke in opposition to the Habitat Plan. Motion by Commissioner Gose, seconded by Commissioner Maxcy to deny the request for CPA 95-012 as recommended by the Planning & Zoning Board. Upon roll call, all Commissioners voted aye. The motion carried. BOOK 16 PAGE 585
CPA-95- 013 - (SCHOOL BOARD): Comprehensive Plan Text amendments to various elements for the School Board to coordinate School Board and County planning. The Chair opened the floor for public input. Mr. James McCollum presented on behalf of the Highlands County School Board. Mr. McCollum believed this is necessary and the proposed changes are acceptable. After a brief discussion, Commissioner Canale made a motion, seconded by Commissioner Gose to recommend approval of CPA-95-013 with mandatory findings as presented. Upon roll call all Commissioners voted aye. Motion carried.
CPA 96-034 - (COUNTY): Comprehensive Plan Text amendments to the Future Land Use Element, Traffic Element, and Natural Resources Element to add a plan period, anticipated population and land acreage needs, establish the official zoning atlas as the Official Future Land Use Map, add a note on each property on the FLUM when that property’s zoning district and FLUM are inconsistent, add abbreviations for each FLUM category, adds US 27 Improvements to the TCE, changes the “Public Conservation/Management Lands” category, adds a new category called “Conceptual Plan Line”, deletes the easement requirement for use of the transfer of development rights, revises the land clearing policy, and other text amendments, etc. Staff and the Board briefly discussed this issue. The Chair opened the floor to the public. Mr. Kowalski stated that he has a problem with Policy 3.13 land clearing. Staff indicated a correction to the policy. Motion by Commissioner Maxcy, seconded by Commissioner Gose to adopt CPA 96-034 with mandatory findings as entered into the record. Upon Roll call, all Commissioners voted aye. Motion carried. Mr. Polatty briefly discussed text changes. Motion by Commissioner Canale, seconded by Commissioner Maxcy to add to the language that Highlands County shall notify the appropriate state and federal agency when any development order is issued. The Chair called for input on the motion. Hank Kowalski, Joe Snoll, Karen Rudolph, and John Tallent commented on the issue. Upon Roll call, Commissioners Maxcy, Canale, Barrett and Gentry voted aye. Commissioner Gose voted nay. Motion carried.
CPA-96-035 (COUNTY): Comprehensive Plan amendments to adopt the Archaeological/Historic Overlay Map as part of the Conservation Overlay Map series required by the Comprehensive Plan. Staff and the Board briefly discussed this issue. NRAC recommended approval to both Planning and Zoning Commission and the Board of County Commissioners.. There were no changes. Commissioner Barrett made a motion to recommend approval including the Mandatory Findings in the staff report. The motion was seconded by Commissioner Maxcy. Upon roll call all members voted aye. Motion carried.
CPA-96-036 (COUNTY): Comprehensive Plan amendments in the Natural Resources Element to delete Aquifer Recharge from the list of resources requiring environmental clearance, clarify what constitutes the Conservation Overlay Map series, clarify what “and known to exist” means, delete the requirement for Environmental Impact Reports for wetlands, add a new review process for wetland protection, and implement other changes in the Environmental Clearance process. Commissioner Gose made a motion to recommend approval on CPA-96-036 including the changes and the Mandatory Findings. The motion was seconded by Commissioner Maxcy. Upon roll call all Commissioners voted aye. Motion carried. BOOK 16 PAGE 586
CPA-96-038 (COUNTY): Revise the Comprehensive Plan to add newly acquired Public Conservation/Management Lands to the Future Land Use Map, including Sun ‘n Lakes Preserve, Holmes Avenue scrub site, Henscratch Road site, Kissimmee River Restoration project, and the Highlands Hammock State Park expansion plus to apply the new Conceptual Plan Line to proposed conservation sites. Staff and the Board briefly discussed CPA-96-038. The Chair opened the floor to the public. Hank Kowalski spoke in opposition to certain sites being on the map. Dan Floley spoke in favor of these Agriculture properties being placed on the map. Mr. Joe Snoll questioned the effect this would have in the future. John Tallent also commented on the properties. Commissioner Canale made a motion to approve with the mandatory findings. The motion was seconded by Commissioner Barrett. Upon roll call all Commissioners voted aye. Motion carried.
Break 6:56 p.m. - 7:05 p.m.
CPA-96-039 (COUNTY): Comprehensive Plan amendments to the Natural Resource Element and other elements of the Plan that amend the mining provisions and amend other sections, as requested by the Land Development Regulation Task Force when the LDR’s were recommended for adoption. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Maxcy, seconded by Commissioner Canale to approve CPA-96-039. Upon roll call, all Commissioners voted aye. The motion carried.
CPA-96-040 (COUNTY): Comprehensive Plan amendment to adopt the proposed Capital Improvements Program as an addition to the Capital Improvements Element. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Maxcy, seconded by Commissioner Gose to approve CPA-96-040 with mandatory findings. Commissioner Maxcy amended the motion to include the ballfield grant as one of the Capital Improvement items to be accomplished. Commissioner Gose accepted the amendment. Upon roll call, all Commissioners voted aye. The motion carried.
CPA-96-041 (COUNTY): Comprehensive Plan amendment to amend the Natural Resources Element to adopt certain standards to establish environmental and natural resource protection standards. Jim Polatty presented the recommendation of the NRAC and the Planning and Zoning Board to deny. The Chair opened the floor to the public. Hank Kowalski commented on the recommendations presented. Motion by Commissioner Maxcy, seconded by Commissioner Gose to deny CPA 96-041. Upon Roll call, all Commissioners voted aye. Motion carried.
CPA 96-043 - (COUNTY): Comprehensive Plan map and text amendments to add certain existing or vested subdivisions or developments on the approved FLUM and to Table 1.11, add new uses or properties not mapped on the FLUM to the Existing Designation Table and the FLUM, and map the high aquifer recharge areas. Mr. Polatty pointed out changes. The Chair opened the floor to the public. No one spoke for or against. BOOK 16 PAGE 587
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve CPA-96-043 with changes. Upon Roll call, all Commissioners voted aye. Motion carried.
The meeting adjourned at 7:16 p.m. ______Chairperson
Attest: ______Clerk
************************************************************************************ BOOK 16 PAGE 615
BOARD OF COUNTY COMMISSIONERS August 27, 1996 - 9:00 a.m. PUBLIC HEARING
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St., Sebring, Florida with the following members present:
Doris Gentry Charles Lairsey J D Barrett Carl Cool James L Gose J Ross Macbeth Jeri Canale Lisa McClelland C Guy Maxcy
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The meeting opened with a prayer by the Chairperson, Doris Gentry.
3. ANNOUNCEMENTS:
The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
Charles Lairsey, Grants Officer announced for the Clerk that the Value Board of Adjustments Meeting will be held in the Board of County Commission Chambers, Friday, August 30, 1996 at 9:00 a.m.
4. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 5.5 REGARDING THE CONSTRUCTION, LICENSING, ENFORCEMENT AND APPEALS BOARD
Proof of Publication entered into the record by the County Administrator. See Proof of Pub Ordinance Book 1 Page 132. Captions of the Ordinance read into the record by Mr. Macbeth.
The Chair called for public input. None was received.
Motion by Commissioner Canale, seconded by Commissioner Barrett to adopt the Ordinance as presented. Upon Roll call, all Commissioners voted aye. Motion carried.
5. PUBLIC HEARING TO CONSIDER AN ORDINANCE ESTABLISHING BOOK 16 PAGE 616
VENUS SPECIAL BENEFIT FIRE DISTRICT
Proof of Publication entered into the record by Bill Stephenson, Special Projects Director. See Proof of Pub Ordinance Book 1 Page 133. Captions of the Ordinance read into the record by Mr. Macbeth.
The Chair called for public input. Preston Colby suggested, both Venus and Lorida Special Benefit Fire Districts be allowed to create a response capability for medical emergencies.
Tim Eures, Emergency Operations Coordinator stated fire protection is not limited to fire and over the years has changed in its response capabilities.
Motion by Commissioner Barrett, seconded by Commissioner Maxcy to accept the ordinance as presented. Upon Roll call, all Commissioners voted aye. Motion carried.
6. PUBLIC HEARING TO CONSIDER AN ORDINANCE ESTABLISHING LORIDA SPECIAL BENEFIT FIRE DISTRICT
Proof of Publication entered into the record by Bill Stephenson, Special Projects Director. See Proof of Pub Ordinance Book 1 Page 134. Captions of the Ordinance read into the record by Mr. Macbeth.
The Chair called for public input. None was received.
Motion by Commissioner Maxcy, seconded by Commissioner Barrett to approve the Ordinance for the Lorida Special Benefit Fire District. Upon Roll call, all Commissioners voted aye. Motion carried.
7. PUBLIC HEARING TO CONSIDER SETTLEMENT OF LAWSUITS: HIGHLANDS COUNTY V. JACK F. TERRY, ET AL. PARCEL NO. 3 EVERETT C. WEEKS AND JANE P. WEEKS, CIRCUIT COURT GC95-388
Proof of Publication entered into the record by the County Administrator. See Proof of Pub Ordinance Book 1 Page 135. Captions of the Ordinance read into the record by Mr. Macbeth.
The Chair called for public input. None was received.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to accept the agreement and enter into the lease. Upon Roll call, all Commissioners voted aye. Motion carried.
8. PUBLIC HEARING TO CONSIDER PARTICIPATION IN AN ISSUE OF BOOK 16 PAGE 617
SINGLE FAMILY MORTGAGE BONDS
For Proof of Publication see Proof of Pub Ordinance Book 1 Page 136.
See SMB 27 Page 1 for letter of participation from Raymond James & Associates, Inc. for Highlands County involvement in the 1996 Lee County Housing Finance Authority Program.
The Chair called for public input. Preston Colby discussed the issue of Single Family Mortgage Bonds. Questioned if the County’s responsibility was limited to participation and use of funds or by participating does the County become jointly in severely responsible beyond its participation.
Mr. Macbeth replied, there is no recourse on the issuance of the bonds. There is not faith and credit bonds they are secured by the properties against which the monies are advanced so there is no liability in that regard. There is no financial responsibility for the bonds as such.
Mr. Colby question, if new housing was built on contaminated property would the lender and all interested parties be responsible for the clean up by the federal courts? Does this obligate the County, because they are a party in interest in the property?
Mr. Macbeth replied, lenders are not held responsible, unless they have exerted some kind of control over the project that would make them responsible. Most mortgagors are not taking titles even in foreclosure when they recognize those problems exist. They are walking away from loans rather than foreclosing and lenders are being very careful.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve the resolution for the issuance of Single Family Mortgage Bonds. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 51.
9. PUBLIC HEARING TO CONSIDER VACATION OF EASEMENT - LOTS 10 & 11, BLOCK F, SPRING LAKE VILLAGE VIII
Proof of Publication entered into the record by Bill Lecher, County Engineer. See Proof of Pub Ordinance Book 1 Page 137.
The Chair called for public input. Jim McCollum spoke for the Millers regarding Lot 10 & 11, Block F, Vacating of Easement.
Motion by Commissioner Barrett, seconded by Commissioner Canale to adopt the Resolution to vacate the easement along the rear lot line of Lots 10 & 11, Block F, of Spring Lake Village VIII. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 52. BOOK 16 PAGE 618
Mr. Macbeth asked the Board to approve the attorney fees and costs, also the appraiser fees for the settlement of Highlands County v. Jack F. Terry, et al. Parcel No. 3 Everett C. Weeks and Jane P. Weeks, Circuit Court GC95-388 lawsuit.
The Chair called for public input. Preston Colby asked what issue was being discussed?
The Chair replied, the Board was discussing item #7 on the agenda, the Everett C. Weeks lawsuit.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve the attorney’s fees and costs, also the appraiser fees for Highlands County v. Jack F. Terry, et al Parcel No. 3 Everett C. Weeks and Jane P. Weeks, Circuit Court GC95-388. Upon Roll call, all Commissioners voted aye. Motion carried.
10. PUBLIC HEARING TO CONSIDER PROPOSED ZONING CHANGES AND CONSISTENCY ZONING CHANGES
Proof of Publication entered into the record by Jim Polatty, Development Director. See Proof of Pub Ordinance Book 1 Page 138.
Mr. Polatty presented Hearing No. 1406 to the Board for approval.
The Chair called for public input. None was received.
Motion by Commissioner Gose, seconded by Commissioner Barrett to approve the resolution and mandatory findings of Hearing No. 1406. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 53.
Proof of Publication entered into the record by Jim Polatty, Development Director. See Proof of Pub Ordinance Book 1 Page 139,140 & 141.
Mr. Polatty presented Hearing No. 1407, 1409 & 1410 (A) & (B) for approval.
The Chair called for public input. Richard Conover questioned if Hearing No. 1407 was advertised as a consistency rezone.
Gary Lower, Zoning Supervisor stated, there was a consistency rezone pursuant to the letter sent out by County Commissioners in December. However, this is a consistency rezone it is consistent with the land use map, the applicant did not turn in the application pursuant to this letter. He paid the application fee, it is the same thing. The only difference is the cost in the application fee.
Motion by Commissioner Barrett, seconded by Commissioner Gose to approve the consistency rezones, accept the mandatory findings and adopt the resolution of Hearings BOOK 16 PAGE 619
No. 1407, 1409 & 1410 (A) & (B). Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 54, 55, 56 & 57.
For Proof of Publication see Proof of Pub Ordinance Book 1 Page 142.
Mr. Polatty presented Hearing No. 1408 to the Board for approval.
After Board discussion, the Chair called for public input. Robert Stephens of Stephens Gas Service spoke in favor of the resolution. For hand out see SMB 27 Page 2.
Ron Jelicks questioned if the rezoning changes are necessary to protect Stephens Gas Service.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve the I-1 zoning upon hearing the mandatory facts and to adopt the resolution. Upon Roll call Commissioners Gose, Maxcy and Barrett voted aye. Commissioners Canale and Gentry voted nay. Motion carried. See Res. Book 10 Page 58.
11. ADJOURN
The meeting adjourned at 10:25 a.m.
______Chairperson
Attest: ______Clerk
*******************************************************************************************************
SPECIAL MEETING OF THE BOARD BOOK 16 PAGE 620
August 27, 1996 Agenda
1. The meeting was called to order at 10:25 a.m. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Doris Gentry Charles Lairsey J D Barrett Carl Cool James L Gose J Ross Macbeth Jeri Canale Lisa McClelland C Guy Maxcy
2. DORRELL, HANCOCK AND CARTER, CPA’s: DISCUSSION ON PLACID UTILITIES
The Chair stated, Mr. Dorrell had called and said he was out of town and had not had an opportunity to review the issues. He recommended to the Board to direct him to give special attention to the project in the up coming audit.
The Chair requested Mr. Cool to speak on the issue.
Carl Cool, County Administrator stated, he had also talked to Mr. Dorrell and Mr. Dorrell had indicated that he would not be here today. Mr. Cool also spent sometime with Mike Carter last week and they think the appropriate time to review Placid Utilities is during the annual audit. Also in Mr. Cool’s discussion with Mr. Dorrell and Mr. Carter, both CPA’s, he stated there has been a lot of things that have happened in this water system in the first three quarters of the year. The water system being built, a lot of costs that go along with the payment of the construction costs, a lot of time to oversee that and basically it is my opinion that the fourth quarter of this year will be more indicative of what will be a steady state system and you will have a better understanding of how you are going to be. Mr. Cool, stated Mr. Dorrell was not exactly sure of what you wanted and suggested to the Board that they will audit the fiscal year anyway and suggested that he would like the Board to determine exactly what you are seeking from them. They will make it a specific and a particular part their audit that would be for the whole fiscal year. Mr. Cool stated, he thought it would be worthwhile and the Board would have a better understanding where you are at the conclusion of September the 30th.
The Chair questioned Mr. Cool if he was going to submit an invoice for payment and Mr. Cool replied, the invoice will be presented to the Board with an explanation on September 3rd.
Commissioner Maxcy stated, he was interested in what Dan Dorrell has to say, regarding BOOK 16 PAGE 621
the auditors opinions or discussion on the financial integrity of Placid Utilities.
Meeting adjourned. No action taken.
3. ADJOURN
Meeting adjourned at 10:30 a.m.
______Chairperson
Attest: ______Clerk
******************************************************************************************************* BOOK 17 PAGE 20
PUBLIC HEARING OF THE BOARD, SEPTEMBER 24, 1996
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Doris Gentry C. Michael Eastman J D Barrett Carl Cool James L Gose J. Ross Macbeth Jeri Canale Lisa McClelland C Guy Maxcy
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The meeting opened with a prayer by the Chairperson, Doris Gentry.
3. ANNOUNCEMENTS:
The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. PUBLIC HEARINGS TO CONSIDER PROPOSED ZONING CHANGES AND CONSISTENCY ZONING
CHANGES) OLD BUSINESS: HEARING #1403 (A) & (B) - SUNPURE, LTD., A FLORIDA CORP. - C/O J. WENDELL WHITEHOUSE, ESQ.:
Proof of Publication presented into the record. See SMB 27 Page 41.
Gary Lower, Zoning Supervisor presented the following request for zoning change to the Board. Approximate 34 acres located in Sec. 4, Twp. 33S, Rge. 28E. Requesting a zoning change from AU (Agricultural) to I-2 (Industrial district). Applicant desires a citrus processing plant.
After Board discussion, the Chair called for public input.
Wendall Whitehouse spoke on behalf of SunPure.
Richard Conover questioned why there was no engineer report.
Motion by Commissioner Barrett, seconded by Commissioner Gose to approve Hearing #1403 (A) & (B) including the mandatory findings in the staff report and contingent upon approval from D.C.A. regarding the Large-Scale Plan amendment. Also, the approval of the two Resolutions. Upon Roll call, all Commissioners voted aye. Motion carried. See BOOK 17 PAGE 21
Res. Book 10 Page 78 & 79
B) NEW BUSINESS: CPA - 96 -049SS - DORIE C. ROA
An approximate 4.08 acre parcel located in Sec. 24, Twp. 36 South, Rge. 29 East. Requesting a Small-Scale Plan amendment from "General Agriculture" to "Commercial". Applicant desires an adult congregate living facility.
No discussion on CPA-96-049SS-Dorie C. Roa. This item was withdrawn.
C) HEARING #1411 - ESTHER M. JOHNSON AND JAN LUIS
Proof of Publication entered into the record. See SMB 27 Page 42.
Gary Lower presented the following request for zoning change to the Board. Lots 16 thru 24, inclusive, Block A of West Avon Park Mahan Syndicate, a subdivision in Sec. 20, Twp. 33 S, Rge. 28 E, according to the plat thereof recorded in PB 2, Pg. 68-A, Public Records of Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to I-1 (Industrial district). Applicant desires to comply with the adopted Future Land Use map.
After Board discussion, the Chair called for public input. Jan Johnson stated he favored the proposed zoning change.
Motion by Commissioner Canale, seconded by Commissioner Maxcy to approve the recommendation of the Planning and Zoning Commission to approve Hearing #1411 including the Mandatory Findings in the staff report and the appropriate Resolution. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 80.
D) HEARING #1412 - BOUNTIFUL PARTNERSHIP - C/O ROGER BJORK
Proof of Publication presented into the record. See SMB 27 Page 43.
Gary Lower presented the following request for zoning change to the Board. South ½ of Lot 11, North ½ of Lot 10, South ½ of Lot 6 and North ½ of Lot 7, Block 17, Avon Park Estates, Unit III, as recorded in Plat Book 10, Page 43 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to AU (Agricultural). Applicant desires to be consistent with the surrounding agricultural property and place livestock on subject property.
After Board and staff discussion, the Chair called for public input. Roger Bjork spoke in favor of the zoning change.
Motion by Commissioner Barrett, seconded by Commissioner Gose to approve Hearing BOOK 17 PAGE 22
#1412 Zoning request, the Mandatory Findings and the Resolution. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 81.
E) HEARING #1413 (A) & (B) - VIRGINIA B. FRYMAN, AS TRUSTEE OF THE VIRGINIA FRYMAN TRUST - C/O E. MARK BREED III - CONSISTENCY REZONE
Proof of Publication entered into the record. Seem SMB 27 Page 44.
Gary Lower presented the following request for zoning change to the Board. (A) - An approximate 17.3 acres located in Sec. 23, Twp. 34 South, Rge. 28 East. Requesting a zoning change from B-3 CU (Business district and Conditional Uses district) and AU (Agricultural) to B-3 (Business district).
After Board discussion, the Chair called for public input. Mark Breed spoke in favor of the proposed zoning change.
Motion by Commissioner Maxcy, seconded by Commissioner Barrett to approve Hearing #1413 (A) including the Mandatory Findings and to include the 50 foot buffer. Also, approve the appropriate Resolution Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 82.
(B) - An approximate 48.16 acres located in Sec. 23, Twp. 34 South, Rge. 28 East. Requesting a zoning change from AU (Agricultural) and EU (Estate district) to R-2 (Two Family Dwelling district).
After Board and staff discussion, the Chair called for public input. Mark Breed spoke in favor the R-2 zoning change.
Motion by Commissioner Barrett, seconded by Commissioner Gose to approve Hearing #1413 (B) including the Mandatory Findings and include the 200 foot buffer next to the R-1 and E-U districts. Also, approve the appropriate Resolution. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 83.
F) HEARING #1415 - ESTATE OF OSMER S. DEMING, JOSEPH ANN BATCHELLER, PERSONAL REPRESENTATIVE - CONSISTENCY REZONE
Proof of Publication was entered into the record. See SMB 27 Page 45.
Gary Lower presented the following request for zoning change to the Board. The South 1/4 of Lot X of ED Putney and CE Putney Subdivision according to the plat thereof recorded in Plat Book 2, Page 77, Public Records of Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) and AU (Agricultural) to B-2 (Limited Business district). BOOK 17 PAGE 23
After Board discussion, the Chair called for public input. David Batcheller spoke in favor of the zoning change.
Motion by Commissioner Canale, seconded by Commissioner Gose to approve Hearing #1415 including the Mandatory Findings in the staff report. Also, approve the appropriate Resolution. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 84.
G) HEARING #1416 - J. ALEXANDER TRIESTE, TRUSTEE AND CHARLES TRIESTE FAMILY TRUST - CONSISTENCY REZONE
Proof of Publication entered into the record. See SMB 27 Page 46.
Letter of opposition sent in by Mr. James L. Tate. SMB 27 Page 46A.
Approximately 66.42 acres located in Sec. 18, Twp. 35 South, Rge. 30 East. Requesting a zoning change from AU (Agricultural) to I-2 (Industrial district).
No discussion on Hearing #1416 - J. Alexander Trieste. This item was withdrawn.
H) HEARING #1417 - BILLY C. & ANNE P. CASON - CONSISTENCY REZONE
Proof of Publication entered into the record. See SMB 27 Page 47.
Approximately .91 acre tract located in Sec. 6, Twp. 35 South, Rge. 29 East. Requesting a zoning change from AU (Agricultural) to EU (Estate district).
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve Hearing #1417 including the Mandatory Findings in the staff report and the appropriate Resolution. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 85.
Mr. Lower stated he would make appropriate changes to the Resolution on Hearing 1413 (B) and present to the Board.
Break 10:20 a.m. - 10:30 a.m.
5. PUBLIC HEARING TO CONSIDER SETTLEMENT OF PENDING SUIT: JAMES EDWARD PEIFER, PLAINTIFF, V.S. GLADES CO-OP, INC., AND THE BOARD OF COUNTY COMMISSIONERS, CASE NO. GC 95-51
Proof of Publication entered into the record. See SMB 27 Page 48. BOOK 17 PAGE 24
Captions of the hearing read into the record by the Board Attorney Ross Macbeth.
The Chair called for public input. None was received.
Motion by Commissioner Barrett, seconded by Commissioner Gose to accept the Settlement Agreement. Upon Roll call, all Commissioners voted aye. Motion carried.
6. PUBLIC HEARING TO CONSIDER AN ORDINANCE REGARDING THE FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION ACT
Proof of Publication entered into the record. See Proof of Pub Ordinance Book 1 Page 144.
Captions of the Ordinance read into the record by Mr. Macbeth.
After Board discussion, the Chair called for public input. Hank Kowalski discussed several items in the Ordinance.
Motion by Commissioner Canale, seconded by Commissioner Maxcy to adopt ordinance amending the Code of Ordinances establishing procedures under Section 2 of the Florida Land Use and Environmental Dispute Resolution Act. Upon Roll call, all Commissioners voted aye. Motion carried.
7. PUBLIC HEARING TO CONSIDER VACATION OF EASEMENT: LOT 18A, COUNTRY CLUB OF SEBRING PHASE II
Proof of Publication entered into the record. See SMB 27 Page 49.
County Engineer Bill Lecher asked the Board to approve the Vacation of Easement as presented.
After Board discussion, the Chair called for public input. None was received.
Motion by Commissioner Barrett, seconded by Commissioner Maxcy to adopt Resolution to vacate the northwesterly 4.0 feet of a 10 foot drainage easement located on Lot 18A, Country Club of Sebring. Upon Roll call, Commissioners Barrett, Maxcy, Canale and Gentry voted aye. Commissioner Gose voted nay. Motion carried. See Res. Book 10 Page 86.
8. PUBLIC HEARING TO CONSIDER VACATION OF PLAT: LOTS 29-36, PRAIRIE OAKS VILLAGE
Proof of Publication entered into the record. See SMB 27 Page 50. BOOK 17 PAGE 25
Bill Lecher asked for Board approval of the Prairie Oaks Vacation of Plat.
After Board discussion, the Chair called for public input. None was received.
Motion by Commissioner Canale, seconded by Commissioner Gose to the adopt Resolution vacating a portion of a replat of a plat located in Prairie Oak Village. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 87.
9. ADJOURN
The meeting adjourned at 10:56 a.m.
______Chairperson
Attest: ______Clerk
****************************************************************************************************** BOOK 17 PAGE 60
PUBLIC HEARING OF THE BOARD, OCTOBER 22, 1996
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Doris Gentry C Mike Eastman J D Barrett Carl Cool James L Gose J. Ross Macbeth Jeri Canale Louise Graham C Guy Maxcy
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The meeting opened with a prayer by Doris Gentry, Chairperson.
3. ANNOUNCEMENTS:
Tom Portz, Asst. County Administrator, read into the record the reported meetings. Additional meetings were announced for the benefit of the public. Mr. Portz advised that Item #5-Public Hearing to consider a resolution and ordinance creating Sebring Regional Airport and Industrial Park Community Redevelopment Agency should be postponed until November 19, 1996 due to a newspaper error. The Chairperson set the public hearing for that date. It was noted for the record by Commissioner Barrett that John Martz and Jim Richardson were present for the hearing.
4. PUBLIC HEARING TO CONSIDER PROPOSED SMALL-SCALE AMENDMENT AND ZONING CHANGES:
OLD BUSINESS: CPA - 96 - 049SS - DORIE C. ROA An approximate 4.08 acre parcel located in Sec. 24, Twp. 36 South, Rge. 29 East. Requesting a Small-Scale Plan amendment from “General Agriculture” to “Commercial”. Applicant desires an adult congregate living facility. Proof of Publication entered into the record. See Proof of Publication Book 1 Page 145. Gary Lower, Zoning Supervisor, presented an analysis of the petitioner’s proposal. The Chair opened the public hearing for public input. Atty. John McClure representing the petitioner, spoke in favor of the zoning. Richard Conover spoke regarding no staff reports. Mr. Lower stated that these issues will be addressed at development. Commissioner Canale addressed the issue of frontage roads.
Motion by Commissioner Maxcy, seconded by Commissioner Barrett, upon entering mandatory findings into the public record, to approve adoption of the ordinance for this Comp Plan amendment changing the FLUM to commercial. Upon roll call, all Commissioners voted aye. Motion carried. BOOK 17 PAGE 61
The Board gave staff a consensus to bring back an ordinance addressing frontage roads.
NEW BUSINESS: HEARING #1418 - EDWARD & JACQUELINE C. WING Lot 9, Plat of J.O. Casto Property, as recorded in Record Book 44, Page 74, of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) and M-2 (Mobile Home Parks district) to R-1 (Residential district). Applicant desires to bring zoning into conformity with existing uses.
Proof of Publication entered into the record. See Proof of Pub Ordinance Book 1 Page 146. Gary Lower presented an analysis of the petitioner’s proposal. The Chair opened the floor to the public. A representative of Coldwell Banker spoke for Mr. and Mrs. Wing in favor of the zoning. Motion by Commissioner Barrett, seconded by Commissioner Gose, upon entering the mandatory findings into the public record, to adopt Resolution, approving the R-1 zoning. See Res. Book 10 Page 100.
5. PUBLIC HEARING TO CONSIDER A RESOLUTION AND ORDINANCE CREATING SEBRING REGIONAL AIRPORT AND INDUSTRIAL PARK COMMUNITY REDEVELOPMENT AGENCY
This hearing was postponed due to advertisement.
6. PUBLIC HEARING TO CONSIDER AN ORDINANCE PERTAINING TO THE LEVY OF A TOURIST DEVELOPMENT TAX
Proof of Publication entered into the record. See Proof of Publication Ordinance Book 1 Page 147. Mr. Macbeth presented two ordinances for the record and read the captions. He explained that one of the ordinances provided for the collection by the county Tax Collector, while the other ordinance gave the authority to the Department of Revenue. This was presented as an option to allow monthly remittance of the funds. The Board Attorney suggested that there would be the initial start-up cost incurred by the Tax Collector. The Tax Collector would prefer that the Department of Revenue handle the collection. The Board discussed options available and the ability to sunset the ordinance. Mr. Macbeth advised that statute requires that the ordinance must be adopted before the vote is taken.
The Chair opened the hearing to the public. Jim Cash, Co chairman against Tourist Tax, spoke in opposition. Clayton Womer stated he would like a clause for sun setting. Allon Fish, Chamber of Commerce, spoke in favor of the ordinance. Letters entered into the public record by Commissioner Canale in favor of the ordinance. See SMB 17 Page 52. Jim Cash rebated Commissioner Canale’s arguments.
Motion by Commissioner Maxcy to sunset this ordinance at four (4) years at which time a referendum will be needed to continue. Commissioner Gose seconded the motion with an amendment to change the time limit to five (5) years. Mr. Maxcy agreed with the BOOK 17 PAGE 62 amendment. The Chair opened the floor for comments on the motion. Clayton Womer suggested a two (2) year limit. Jim Cash supported the motion with a five year sunset, but would prefer a two (2) year period. The Board Attorney read the sunset provision of the ordinance into the record. Upon roll call, Commissioners Canale, Gose, Maxcy and Gentry voted aye. Commissioner Barrett voted nay. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Canale to use the Department of Revenue as a source for the collection of the tax. The Board Attorney read the necessary language into the record authorizing the provisions. Upon roll call, Commissioners Gose, Canale, Maxcy and Gentry voted aye. Commissioner Barrett voted nay. Motion carried.
The Commission discussed Exhibit "A" of the ordinance regarding the budget. The consensus was to follow county policies.
Motion by Commissioner Canale, seconded by Commissioner Gose to adopt ordinance, imposing and levying, subject to referendum approval, a two percent tourist Development Tax with the modifications as read by the attorney. Upon roll call, Commissioners Canale, Gose and Gentry voted aye. Commissioners Maxcy and Barrett voted nay. Motion carried.
7. PUBLIC HEARING TO CONSIDER AN ORDINANCE REPEALING ORDINANCE 93-13, REGARDING SURCHARGE ON MOVING VIOLATIONS
Proof of Publication entered into the record. See Proof of Publication Ordinance Book 1 Page 148. Captions of the ordinance read into the record by the attorney and explanation presented on statute change. Motion by Commissioner Gose, seconded by Commissioner Barrett to adopt ordinance repealing Ordinance 93-13, regarding surcharge on moving violations. Upon roll call, all Commissioners voted aye. Motion carried.
8. PUBLIC HEARING TO CONSIDER PURCHASE OF LAND FOR GOVERNMENT CENTER
Proof of Publication entered into the record by the Special Projects Director. See SMB 27 Page 91. Mr. Stephenson presented the history of the land negotiations. The Chair opened the hearing for public input. None was received. Motion by Commissioner Gose, seconded by Commissioner Barrett to approve purchase of property from the estate of Dominick Norcini in the amount of $34,500 for the Government Center and accept the 1994 appraisal. Upon roll call, all Commissioners voted aye. Motion carried.
9. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING ORDINANCE 94-12 AND 95-20, REGARDING THE HIGHLANDS COUNTY WATER AND SEWER SYSTEM. BOOK 17 PAGE 63
Proof of Publication entered into the record. See Proof of Pub Ordinance Book 1 Page 149. Bill Lecher, County Engineer presented the explanation necessary for Placid Utilities to eliminate the 50% discount provision on the meter setting charge and the water impact fee for customers hooking up within three (3) months of main line installation. The Board Attorney read the captions into the ordinance. The Chair opened for public input. None was received.
Motion by Commissioner Barrett, seconded by Commissioner Gose to adopt ordinance amending ordinance 94-12 and 95-20, establishing water and sewer policies, rates, fees and charges connections for the water and sewer system. Upon roll call, Commissioners Barrett, Gose, Maxcy and Gentry voted aye. Commissioners Canale voted nay. Motion carried. Commissioner Barrett suggested that deposit fees on the water system be placed on agenda for discussion.
Commissioner Gose presented a public information statement regarding the decision on Highlands County vs. Heartland Environmental Council case and the unnecessary cost involved.
Richard Conover acknowledged Commissioner Maxcy’s birthday.
10. ADJOURN
The meeting adjourned at 10:38 a.m.
______Chairperson
Attest: ______Clerk
****************************************************************************************************** BOOK 17 PAGE 91
PUBLIC HEARING OF THE BOARD, NOVEMBER 26, 1996
1. The meeting was called to order at 9:00 A.M. In the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett C Michael Eastman Jeri Canale Carl Cool James L Gose J Ross Macbeth C Guy Maxcy Louise Graham David Flowers
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The meeting opened with a prayer by Commissioner David Flowers.
3. ANNOUNCEMENTS:
The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. ACTION:
Motion by Commissioner Gose, seconded by Commissioner Canale to set the Action Agenda as listed: Upon roll call, all Commissioners voted aye. Motion carried.
A. PUBLIC HEARINGS TO CONSIDER SMALL-SCALE AMENDMENTS AND ZONING CHANGES
NEW BUSINESS: CPA - 96-050SS - BOARD OF COUNTY COMMISSIONERS C/O WILLIAM LECHER Approximately 5.3 acre tract located in Sections 7 and 8, Township 37 South, Range 30 East, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “High Density Residential” to “Public Quasi/Public Facility Lands”. Proof of Publication entered into the record by the Development Director. See Proof of Publication Ord. Book 1 Page 50. An analysis of the petitioner’s proposal was presented by Mr. Polatty and the Zoning Clerk, Linda Conrad.
HEARING #1419 - BOARD OF COUNTY COMMISSIONERS C/O WILLIAM LECHER Approximately 5.3 acre tract located in Sections 7 and 8, Township 37 South, Range BOOK 17 PAGE 92
30 East, Highlands County, Florida. Requesting a zoning change from PU (Public Lands district) to PU (Public Lands district). The proposed uses are as follows: Public water (potable) treatment facility containing the following facilities: 1] Deep water wells (2) and pumps. 2] Building containing support equipment. 3] Hydro pneumatic tanks (2). 4] High capacity pumps. 5] Ground storage tank with an aerator. 6] Other equipment required to support the treatment and pumping of treated (potable) water for public use and the existing uses of a park and a fire station.
The Chair opened the floor to the public. Richard Conover questioned the proper use of the property. Staff explained the designation. Motion by Commissioner Maxcy, seconded by Commissioner Gose, to approve the Small-Scale Plan amendment and zoning change and accept the Mandatory Findings into the record and adopt Ordinance and Resolution. See Res. Book 10 Page 111. Upon roll call, all Commissioners voted aye. Motion carried.
CPA - 97-051SS - LELAND RAMAKER, NICK A. LANDOLINA & DOROTHY L. SADLIER C/O RICK WHIDDEN Approximately 3.85 acre tract located in Section 22, Township 35 East, Range 29 East, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “General Agriculture” to “Commercial”.
HEARING #1420 - LELAND RAMAKER, NICK A. LANDOLINA & DOROTHY L. SADLIER C/O RICK WHIDDEN Approximately 3.85 acre tract located in Section 22, Township 35 East, Range 29 East, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires general retail and wholesale. Jim Polatty presented petition and summarized staff report. The Board discussed the petition. Chair opened the floor to the public. Rick Whidden, representative for the petitioner, spoke for the small-scale plan amendment. Dorothy Sadlier, one of the owners, explained the property purchase and requested the rezoning.
Motion by Commissioner Canale, seconded by Commissioner Gose to approve the Small-Scale Plan amendment after entering the Findings of Fact into the record, and to approve Resolution and Ordinance. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Canale advised that a frontage road will be a consideration in the future. See Res. Book 10 Page 112.
B. PUBLIC HEARING TO CONSIDER CHANGES TO CHAPTER 12 OF THE CODE OF ORDINANCES
FIRST PUBLIC HEARING: Proposed changes to Chapter 12 pertaining to the limitation on signs, Community Residential homes, and Water Bottling and Distribution Plant. The recommendation of the Planning and Zoning Commission was to recommend approval as BOOK 17 PAGE 93
submitted with the revision of "no off-site signs permitted" in the M-2, RV Parks and campground zoning districts. Jim Polatty presented proof of publication into the record. See Proof of Publication Ordinance Book 1 Page 151. Discussion ensued by the Board regarding off-site signs. The Chair opened the floor to the public. Jim Cash of Lake Placid questioned if the grandfather clause would apply. Staff advised that it would.
Motion by Commissioner Gose, seconded by Commissioner Canale to hold the second public hearing on December 17, 1996 at 9:00 a.m. or shortly thereafter to consider the proposed changes to Chapter 12 as presented. Upon roll call, all Commissioners voted aye. Motion carried.
C. PUBLIC HEARING TO CONSIDER PURCHASE OF LAND FOR GOVERNMENT CENTER
Proof of Publication presented into the record by Carl Cool. SMB 27 Page 140.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to purchase property located at Lot 16, Block 75, Town of Sebring, PB 1, Page 32 as recorded in the public records of Highlands County, Florida. The purchase price listed at $8,500.
The Chair opened the floor to the public. Clayton Womer spoke regarding the amount of purchases for the Government Center. Richard Conover also spoke regarding the purchases made by the county. Mr. Ronald J. Geer spoke regarding real estate purchases. The County Administrator advised that staff is following the Board’s long range adopted policy for the downtown area. Mr. Stephenson stated that two more lots are scheduled for purchase.
Upon roll call, all Commissioners voted aye. Motion carried.
Recess 10:15 a.m - 10-25 a.m.
D. PUBLIC HEARING TO CONSIDER VACATION OF EASEMENTS - SUN ‘N LAKE OF SEBRING: ACCESS EASEMENT CONTAINED ON LOT 39, BLK 30, UNIT 2 AND A UTILITY & DRAINAGE EASEMENT BETWEEN LOTS 39 AND 40 AND LOTS 40 AND 41, BLK 30, UNIT 2
Bill Lecher, County Engineer presented proof of pub and petition into the record. See SMB 27 Page 141. He stated that the Sun’n Lake Estates District has agreed to construct the relocated frontage road on the west side of Dr. Sonni’s property. A right turn lane on US 27 will be constructed by the county to access property south of Sun’n Lake Blvd. Both of these improvement must be in place before the existing frontage road is removed. The Chair opened the floor to the public. Bill Borgemeister, representing the Sonni’s, spoke regarding the participation of all parties and the agreement with Mr. Koch to waive off on the agreement. Bill Lecher presented information on the frontage road and the D-cell lane BOOK 17 PAGE 94
and advised that Mr. Koch was comfortable with the agreement. Attorney John McClure, representing the district, stated that all parties seem to be agreeable with the vacation as presented.
Motion by Commissioner Canale, seconded by Commissioner Gose to adopt the Resolution vacating a portion of a 50' limited access easement provided arrangements are in place addressing the proposed access road and the US 27 right turn lane with the condition of a consensus letter from Koch. An addition was added to the motion at the Board Attorney’s request, for a corrected Resolution and a corrected Deed. Dale Polston spoke regarding why other residents are not required to present a sign-off letter. Canale withdrew motion. Gose withdrew second.
Motion by Commissioner Canale, seconded by Commissioner Gose to adopt Resolution vacating a portion of a 50' limited access easement provided arrangements are in place addressing the proposed access road and the US 27 right turn lane with the condition of a consensus letter from Koch. An addition was added to the motion at the Board Attorney’s request, for a corrected Resolution, eliminating seven (7) words from the third paragraph and a corrected Deed. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 113 and SMB 27 Page 142.
E. PUBLIC HEARING TO CONSIDER VACATION OF EASEMENTS - SUN ‘N LAKE OF SEBRING: LOTS 66 THROUGH 72, BLK 30, UNIT 2
Bill Lecher presented petition and proof of publication into the record. See SMB 27 Page 143.
Motion by Commissioner Flowers seconded by Commissioner Maxcy to adopt the Resolution vacating various utility and drainage easements located on Lots 66 through 72, Block 30, Unit 2, of Sun ‘N Lake Estates of Sebring as described in the legal description of the petition with the inclusion into the Resolution that this vacation does not include roadways. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 114 and SMB 27 Page 143.
F. PUBLIC HEARING TO CONSIDER A RESOLUTION TO EXCHANGE REAL COUNTY PROPERTY FOR OTHER REAL PROPERTY NEEDED TO REALIGN LAKE FRANCIS ROAD
The County Engineer presented Proof of Publication into the record. See SMB 27 Page 144. Motion by Commissioner Gose, seconded by Commissioner Flowers, to accept properties described as Parcels #1-3 in exchange for Parcel #4, in fee simple together with all improvements thereon for the purpose of road construction. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 115 and SMB 27 Page 144. BOOK 17 PAGE 95
5. RECESS
The meeting recessed at 11:16 a.m.
1. The public hearing reconvened at 5:05 p.m. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with all members present:
2. PUBLIC HEARING TO CONSIDER ADOPTION OF FALL 1996 COMPREHENSIVE PLAN AMENDMENTS (DCA 96-1)
Jim Polatty presented the proof of publication into the record. See Proof of Pub Ordinance Book 1 Page 145.
1. FLUM AMENDMENT: CPA - 96-033 LS - SUNPURE, LTD., A FLORIDA CORP. - C/O J. WENDELL WHITEHOUSE, ESQ.: Approximate 34 acres located in Sec. 4, Twp. 33 S, Rge. 28 E. - Requesting a Large-Scale Plan Amendment from "General Agriculture" to, "Industrial". Also See Exhibit A and pages 3-4 of the Adoption Ordinance.
Mr. Polatty read into the record information from the data book with data and analysis used to develop staff recommendation. Discussion by Board members regarding zoning. The Chair opened the floor to the public. Atty. Wendell Whitehouse, representing the applicant, presented additional information for data and analysis and information that would address concerns from DCA.
Review of map by Board members. Motion by Commissioner Maxcy, seconded by Commissioner Canale to approve the zoning for Sunpure LTD Florida Corporation from General Agriculture to Industrial. Upon roll call, all Commissioners voted aye. Motion carried.
2. FLUM AMENDMENT: CPA - 96-037-LS - B.B. CAVENDER AS TRUSTEE - C/0 J. WENDELLWHITEHOUSE, ESQ.:Approximate 120.65 acre parcel located in Sec. 34, Twp. 34S, Rge. 28 E. Requesting a Large-Scale Plan amendment from "Medium Density Residential" and "Commercial" to "High Density Residential" and "Commercial". Also see Exhibit B and Page 4 of Adoption Ordinance
Applicant intends to develop commercial frontage on US 27 and develop the remainder of the property as a mobile home park. Atty. Whitehouse presented prepared data and analysis in response to DCA’s objections. The Board discussed the zoning concerns. Richard Conover commented on the amount of commercial property on US 27 and taxes paid by mobile home owners. Commissioner Flowers commented on the potential for 1100 mobile homes. BOOK 17 PAGE 96
Motion by Commissioner Canale, seconded by Commissioner Gose to approve the Large- Scale Plan amendment with requested zoning. Upon roll call, Commissioners Canale, Gose, Maxcy and Barrett voted aye. Commissioner Flowers voted nay. Motion carried.
3. FLUM AMENDMENT: CPA - 96-038 (COUNTY): Revise the Comprehensive Plan to add newly acquired Public Conservation/Management Lands to the Future Land Use Map, including Sun’n Lakes Preserve, Holmes Avenue scrub site, Henscratch Road site, Kissimmee River Restoration project, and the Highlands Hammock State Park expansion; plus to apply the new Conceptual Plan Line to proposed conservation sites: See Exhibit C and Page 4 of the adoption ordinance.
4. FLUM AMENDMENTS: CPA 96-043 - (COUNTY): Comprehensive Plan map and text amendments to add certain existing or vested subdivisions or developments on the approved FLUM and to table 1.11; add new uses or properties not mapped on the FLUM to the Existing Designation Table and the FLUM, and map the high aquifer recharge areas. See Exhibits D and G and Pages 4 and 5 of the adoption ordinance.
5. TEXT AMENDMENTS AND FLUM AMENDMENT: CPA-96-035 (COUNTY): Plan amendments adopt the Archaeological/Historic Overlay Map as part of the Conservation Overlay Map series required by the Comprehensive Plan. See Exhibits E and G and Pages 4 and 5 of the adoption ordinance.
Petition presented by Jim Polatty for Amendments 3-4-5. The Chair opened the floor to the public. No input was received.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to accept CPA-96-038; CPA-96-043 and CPA-96-035 Text Amendments. Upon roll call, all Commissioners voted aye. Motion carried.
6. TEXT AMENDMENTS: CPA-95-013 - (SCHOOL BOARD):Comprehensive Plan Text amendments to various elements for the School Board to coordinate School Board and County Planning. See Attachment #2 or Exhibit G and Page 5 of the adoption ordinance.
Jim Polatty presented petition. Discussion regarding location of schools in general agriculture. The Planning Board disagreed with this land use. They felt that the Board should have input into school locations. Attorney Jim McCollum, representing the School Board, gave a presentation on the reason that General Ag should be included.
Ross Macbeth advised that if it is opened up to General Ag, the Commissioners have no say into the locations of schools in the county. Commissioner Canale stated that she felt that the School Board is capable of making those decisions. BOOK 17 PAGE 97
Motion by Commissioner Canale to move approval of CPA-95-013 with General Ag left in the Text amendment. The motion died for lack of a second.
Motion by Commissioner Canale, seconded by Commissioner Flowers to approve Text Amendment : CPA-95-013 - (School Board), to include General Agriculture. Upon roll call, Commissioners Canale, Flowers and Barrett voted aye. Commissioners Gose and Maxcy voted nay. Motion carried. The Development Services Director presented typing errors for correction to the amendment.
1. On the first page, where stated public use, it should be stated public and quasi- public facility lands. It should also be stated the same on page 3, the third line down.
2. On Exhibit G. Urban Ag should be changed to General Ag.
Motion by Commissioner Gose, seconded by Commissioner Canale to approve the changes as stated by Mr. Polatty. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 27 Page 145.
7. TEXT AMENDMENTS: CPA--034 - (COUNTY): Comprehensive Plan Text amendments to the Future Lane Use Element, Traffic Element, and Natural Resources Element, to add a plan period, anticipated population and land acreage needs, establish the Official Zoning Atlas as the Official Future Land Use Map and adds abbreviations for each FLUM category, changes the "Public Conservation/Management Lands" category, adds a new category called "Conceptual Plan Line" and other text amendments, etc. See Exhibit G and Page 5 of adoption ordinance
8. TEXT AMENDMENTS: CPA-96-036 (COUNTY): Comprehensive Plan amendments in the Natural Resources Element to clarify what " and known to exist" means; add an option for the Environmental Impact Report for wetlands (new review process for wetland protection), and clarity how the Environmental Clearance process works. See Exhibit G and Page 5 of the adoption ordinance.
9. TEXT AMENDMENTS: CPA-96-039 (COUNTY): Comprehensive Plan amendments to the Natural Resource Element and other elements of the Plan that amend the mining provisions and amend other sections, as requested by the Land Development Regulation Task Force when the LDRs were recommended for adoption. See Exhibit G and Page 5 of the adoption ordinance.
10. TEXT AMENDMENT: CPA-96-040 (COUNTY): Comprehensive Plan amendment to adopt the proposed Capital Improvements Program as an BOOK 17 PAGE 98
addition to the Capital Improvement Element - See Exhibit F of the adoption ordinance.
The Development Service Director presented the above amendments with explanation. Commissioner Gose left the meeting at 6:45 p.m. Motion by Commissioner Canale, seconded by Commissioner Flowers to approve Text Amendments CPA-96-034; CPA-96-036; CPA-96-039 and CPA-96-040 with all changes as listed by the Development Director and the request of Carl Cool to drop Howey Road. Exhibit G was revised to correctly convey the summary of Comprehensive Plan text changes that were transmitted to DCA in August, 1996. See Comp Plan Text Amendments file for a revised copy with changes.
The meeting adjourned at 6:53 p.m.
The meeting was called back to order by the Chairman to consider adoption of the ordinance at 6: 55 p.m. with all members present except Commissioner Gose.
3. ADOPTION OF ORDINANCE
Motion by Commissioner Maxcy, seconded by Commissioner Canale to adopt the Ordinance providing for amendments to the Highland County Comprehensive Plan Future Land Use Maps . Upon roll call, all Commissioners voted aye. Motion carried.
4. ADJOURN
The meeting adjourned at 6:56 p.m.
______Chairperson
Attest: ______Clerk
******************************************************************************************************* BOOK 17 PAGE 99 BOOK 17 PAGE 123
PUBLIC HEARING OF THE BOARD, DECEMBER 23, 1996
1. The meeting was called to order at 9:00 a.m. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
John D Barrett C Michael Eastman James Gose Carl Cool Jeri Canale Louise Graham David Flowers C Guy Maxcy
The Board Attorney was not present.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool.
3. ANNOUNCEMENTS: A. Carl Cool presented the reported announcements. Additional meeting were announced for the benefit of the public.
B. Santa Claus
Motion by Commissioner Gose, seconded by Commissioner Maxcy to set the Agenda as listed, with an Executive Session to be held at 11:00 a.m. and Item #7 to be withdrawn. Upon roll call, all Commissioners voted aye. Motion carried.
4. PUBLIC HEARINGS TO CONSIDER ZONING CHANGES AND A SMALL- SCALE PLAN AMENDMENT Gary Lower presented petition and proof of publication into the record. See Proof of Pub Ordinance Book 1 Page 154 for all Hearings. NEW BUSINESS: HEARING #1421 - MESSANA CONTRACTORS CO., INC. - C/O JOE MESSANA Tracts B, B-1, 1, 2, 3, 26, 27, 28, and 35 of Hillside Lake Estates as per plat recorded in Plat Book 7, Page 27 of the Public Records of Highlands County, Florida. Requesting a zoning change from M-1-S (Mobile Homes and Residential Subdivisions district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to construct condo-apartments. For the record, the Board Attorney was not in attendance, due to a court hearing. Questions presented regarding a central water system. Jim Polatty gave a history of this zoning amendment. Mr. Macbeth arrived at the meeting at 9:25 a.m. The Chair opened the floor to the public. No one spoke for or against. BOOK 17 PAGE 124
Motion by Commissioner Maxcy, seconded by Commissioner Flowers to accept the Planning and Zoning recommendations and approve rezone Hearing #1421, including the mandatory findings of the staff report with the applicant following the site plan for Country Village as approved by CPA-94-004. Also, that no more than 200 units be allowed and the applicant execute a Declaration of Unity of Title Agreement to allow the sale of units as condo or as platted. At the Zoning Supervisor’s request, Commissioner Maxcy amended his motion to allow the FUD to include the surrounding area to avoid the requirement of another special exception. Commissioner Flowers accepted the amendment. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Flowers to adopt Resolution to approve hearing. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 125.
HEARING #1422 - ALLEN L. WOOD AND WADE A. WOOD Approximate 1.14 acre tract located in Section 27, Township 35 South, Range 29 East, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-3 (Business district). Applicant desires nursery items, precast items for landscape, used jewelry and small items. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Flowers, seconded by Commissioner Canale to adopt Resolution, approving hearing #1422 and entering mandatory findings into the public record, contingent upon DCA’s final approval of the commercial future land use designation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 126.
HEARING #1423 - RAY FISHER, JR. AND BETTY I. FISHER (CONSISTENCY REZONE - FINAL HEARING) Approximate 1.5 acre tract located in Section 6, Township 35 South, Range 29 East, Highlands County, Florida. Requesting a zoning change from AU (Agriculture) to EU (Estate district). Applicant desires to comply with the adopted Future Land Use Map and EU (Estate district) uses. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Canale, seconded by Commissioner Flowers to adopt Resolution approving the rezone Hearing #1423, upon entering into the public record, the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 127. HEARING #1424 - HELEN L. HOMICH East ½ of Tract 4, Hillside Lake Estates, as recorded in Plat Book 7, Page 27 of the Public Records of Highlands County, Florida. Requesting a zoning change from M-1-S (Mobile Home and Residential Subdivisions district) to AU (Agriculture). Applicant desires agricultural uses and also to keep miniature horses. Petition BOOK 17 PAGE 125 presented by the Zoning Supervisor. No one spoke for or against the rezone.
Motion by Commissioner Gose, seconded by Commissioner to Maxcy to adopt Resolution approving zoning hearing #1424, upon entering the mandatory findings into the record. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 128.
CPA -96-052SS - DEER LAKE RV RESORT - C/O RICK WHIDDEN (Parcel #1) - Approximate 6.44 acre tract located in Section 4, Township 33 South, Range 28 East, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “High Density Residential”. (Parcel #2) - Approximate 1.450 acre tract located in Section 4, Township 33 South, Range 28 East, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “High Density Residential”. (Parcel #3) - Approximate .0596 acre tract located in Section 4, Township 33 South, Range 28 East, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Commercial”.
HEARING #1425 (A), (B), AND (C) - DEER LAKE RV RESORT - C/O RICK WHIDDEN #1425 (A) - (Parcel #1) - Approximate 6.44 acre tract located in Section 4, Township 33 South, Range 28 East, Highlands County, Florida. Requesting a zoning change from AU (Agriculture) to RV FUD (RV Park with a Flexible Unit Development). Applicant desires an expansion of the existing Deer Lake RV Park.
#1425 (B) - (Parcel #2) - Approximate 1.450 acre tract located in Section 4, Township 33 South, Range 28 East, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to RV FUD (RV Park with a Flexible Unit Development). Applicant desires an expansion of the existing Deer Lake RV Park.
#1425 (C) - (Parcel #3) - Approximate 0.596 acre tract located in Section 4, Township 33 South, Range 28 East, Highlands County, Florida. Requesting a zoning change from B-1 (Neighborhood Business district) to B-3 (Business district). Applicant desires a sales office and the permitted uses in the B-3 zoning district.
Gary Lower read the proposed changes into the record. He also presented the recommendations of the Planning and Zoning Board to approve, contingent upon approval from DCA and the execution of a Declaration of Unity Title Agreement. Jim Polatty mentioned concerns that no buffer has been installed. The Chair opened the floor to the public. Rick Whidden, on behalf of the applicant, reviewed conditions of the buffer. Craig Fout entered petitions into the record in opposition. Number one concern stated was traffic. Walter F. George and Brad Smith also spoke in opposition to the rezone. Ed Jackson, owner, spoke in favor. BOOK 17 PAGE 126
Motion by Commissioner Canale, seconded by Commissioner Flowers to deny CPA- 96-052SS parcels 1 and 2 and Hearing #1425-A&B. Craig Fout spoke to deny the sales office. Rick Whidden and Ed Jackson stated that they have been selling lots for five years. Upon roll call, Commissioners Canale, Flowers, Maxcy and Barrett voted aye. Commissioner Gose voted nay. The motion carried.
Motion by Commissioner Gose, seconded by Commissioner Flowers to approve Hearing #1425- C and 96-052-SS-C and adopt Resolution and Ordinance. The Chair opened the floor to the public. Craig Fout questioned the sale of park models. Upon roll call, Commissioner Gose voted aye. All other Commissioners voted nay. Motion did not carry.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers to waive the fees regarding Hearing #1425 A-B and C, providing the developer comes back before June of 1998, to be given the same consideration. Richard Conover, Craig Fout and Clayton Womer spoke in opposition to the Board paying fees. Upon roll call, Commissioner Maxcy voted aye. All other Commissioners voted nay. Motion denied.
Recess Public Hearing at 10:56 a.m. to go into a Special Meeting at 1100 a.m.
Reconvened Public Hearing at 12:24 p.m.
5. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 5.5, REGARDING THE BUILDING CODE Proof of Publication entered into the record by Carl Cool. See Proof of Pub Ordinance Book 1 Page 156. Captions of the ordinance read into the record. Motion by Commissioner Gose, seconded by Commissioner Flowers to adopt ordinance to update the electrical code. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
6. PUBLIC HEARING TO CONSIDER LIEN ASSESSMENT, CASE #9596-080 Gary Lower presented petition and proof of publication. See SMB 27 Page 184. The Chair opened the floor to the public. No one spoke for or against the assessment.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy to accept the lien assessment for recording. Upon roll call, all Commissioners voted aye. Motion carried.
7. PUBLIC HEARING TO CONSIDER AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT Withdrawn
8. PUBLIC HEARING TO CONSIDER VENUS SPECIAL BENEFIT FIRE DISTRICT Proof of Publication entered into the record. See SMB 27 Page 185. Carl Cool presented information regarding the difference between the advalorem and the non-advalorem assessment. The Chair opened the floor to the public. James Hill, Fire Chief for the District, BOOK 17 PAGE 127 spoke in favor. No one spoke in opposition.
Motion by Commissioner Canale, seconded by Commissioner Maxcy to adopt Resolution of intent to use the uniform ad valorem method of collection of a non-ad valorem assessment for the Venus Special Benefit Fire District. See Res. Book 10 Page 129. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Canale to approve agreements with the Property Appraiser and Tax Collector. Upon roll call, all Commissioners voted aye. Motion carried.
9. PUBLIC HEARING TO CONSIDER LORIDA SPECIAL BENEFIT FIRE DISTRICT Proof of Publication entered into the record. See SMB 27 Page 186. Captions of the Resolution read into the record by the Board Attorney. Commissioners also entered into the record a number of faxes in opposition to the Fire District. See Special Tax District file for copy. The Chair called for input from the floor. Speaking in opposition to the assessment was Victor Hurst and William E. White. Speaking in favor was John Moore, Fire Chief and Debra S. Fruith. The Board discussed the proposed assessment and Mr. Maxcy suggested taking a vote of the residents.
Motion by Commissioner Gose, seconded by Commissioner Flowers to adopt the Resolution and approve agreements with the Property Appraiser and Tax Collector. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 130.
10. ADJOURN The meeting adjourned at 12:59 p.m.
______Chairperson
Attest: ______Clerk *********************************************************************************************** BOOK 17 PAGE 148
PUBLIC HEARING OF THE BOARD, JANUARY 28, 1997
1. The meeting was called to order at 9:00 a.m. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett Carl Cool David Flowers J Ross Macbeth C Guy Maxcy Charles Lairsey Lisa McClelland
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator Carl Cool.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
Commissioner Flowers presented a resolution to the Founders Garden Club of Avon Park for their work with the Christmas Tree Recycling Program.
4. PUBLIC HEARING TO CONSIDER VACATION OF EASEMENT-LEISURE LAKE SECTION 11 For Proof of Publication see SMB 28 Page 37.
Lisa Burley, Administrative Aide presented a request to vacate the easement of Lots 16 & 17, Block 42, Leisure Lakes, Section 11, Plat Book 7, Page 25 to the Board.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy to accept the recommendation of the Engineering office and to adopt the appropriate Resolution.
After Board discussion, the Chair called for public input. None was received.
Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 135.
5. PUBLIC HEARING TO CONSIDER VACATION OF EASEMENT-LEISURE LAKES SECTION 18 For Proof of Publication see SMB 28 Page 38.
Lisa Burley presented a request to vacate the easement of Lots 5 & 6, Block 514, Leisure Lakes, Section 18, Plat Book 9, Page 55 to the Board. BOOK 17 PAGE 149
Motion by Commissioner Maxcy, seconded by Commissioner Flowers to approve the Vacation of Easement and adopt the appropriate Resolution.
After Board discussion, the Chair called for public input. None was received.
Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 136.
6. PUBLIC HEARING TO CONSIDER VACATION OF PLAT-BONNET LAKE VILLAGE For Proof of Publication see SMB 28 Page 39.
Lisa Burley presented a request to vacate a portion of Bonnet Lake Village, Plat Book 10, Page 8 to the Board.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy to adopt the Resolution and the Vacation of the Plat.
After Board discussion, the Chair called for public input. Richard Conover questioned the time limit for advertising the present meeting.
Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 137.
7. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 5.5 OF THE CODE OF ORDINANCES REGARDING ARCHAEOLOGICAL RESOURCES For Proof of Publication see Ordinance Book 1 Page 157. After captions of the ordinance was presented by Jim Polatty, Development Director, the Chair called for public input.
Audrey Vickers, Secretary of the Historic Preservation Commission discussed portions of the ordinance with the Board.
Jim Fitch of the Historic Preservation Commission discussed the recommended changes to the ordinance with the Board. For hand out see SMB 28 Page 40.
Dan Foley, Highlands County Citrus Growers Assoc., also suggested changes for the ordinance.
After Board discussion, motion by Commissioner Maxcy, seconded by Commissioner Flowers to adopt the Ordinance as presented, with the exception, the words willingly and knowingly would be deleted and the words along the river be added. Upon roll call, Commissioner Maxcy voted aye. Commissioners Flowers and Barrett voted nay. Motion did not carry.
Motion by Commissioner Flowers, seconded by Commissioner Barrett to adopt the BOOK 17 PAGE 150
Ordinance as presented and keeping the words willingly and knowingly in place and the words along the river be added. Upon roll call, all Commissioners voted aye. Motion carried.
8. PUBLIC HEARING TO CONSIDER AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT For Proof of Pub see SMB 28 Page 41.
Fred Fox discussed the amendment to the CDBG contract with the Board. After discussion, the Chair called for public input. None was received.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, that the amendment proposed in the public hearing for the CDBG contract be adopted. Upon roll call, all Commissioners voted aye. Motion carried.
MEDIATION REQUEST BY PRESTON COLBY The Chair discussed questions concerning mediation with staff and other Board members.
Mr. Macbeth stated, the Attorney General’s office has no authority to require the Board to mediate. They are willing to act as a mediator, if the Board feels it has something to mediate. Those are questions posed by Mr. Colby. I disagree as to the statement of questions for mediation, even if the Board was inclined to mediate, I would not have stated the questions that way. Basically on some of Mr. Colby’s questions, he and I probably agree, some of them I probably disagree and some of them would have to be reworded to actually have some kind of question even worth discussing. Basically Mr. Colby is trying to put something before the Attorney General in his terms. It’s up the Board what you want to do.
The Chair read a letter addressed to Mr. Macbeth from Patricia Gleason with the Attorney General’s office regarding the Open Government Mediation Program. The Chair stated this is a program alternative to costly litigation over public access disputes. It’s purpose is to resolve on going controversies relating to access to meetings or records. The program is not designed to resolve whether an existing practice does or does not violate the open government laws. The program is voluntary and both sides must agree to consider mediation. For copy of letter see SMB 28 Page 42.
After discussion with the Board, Mr. Macbeth stated, he would do what the Board wants to do. He stated he did not agree with the questions, but if you order or desire to mediate I will discuss with the Attorney General the questions raised. I don’t see any merit to the questions as worded.
After Board discussion, Commissioner Maxcy stated, he did not think mediation was necessary and Commissioners Flowers said, he wanted time to gather information on the subject. No action was taken by the Board. BOOK 17 PAGE 151
EVENING MEETINGS Instead of a morning meeting every third Tuesday the Board will try meeting in the evening
at 5:30 p.m. beginning March 18, 1997. This will be a trial period and the Chair will check with Commissioner Canale and Commissioner Gose, also the Clerk’s office as to the advantages and disadvantages of evening meetings.
Ronald Herr favors evening meetings and stated issues discussed should be limited.
Clayton Womer stated he is not in favor of evening meetings.
Richard Conover discussed evening meetings held in the past.
No action was taken by the Board.
9. ADJOURN The meeting adjourned at 10:50 a.m.
______Chairperson
Attest: ______Clerk
******************************************************************************************************* BOOK 17 PAGE 171
PUBLIC HEARING OF THE BOARD, FEBRUARY 25, 1997
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Jeri Canale C Michael Eastman C Guy Maxcy Carl Cool David Flowers J Ross Macbeth Louise Graham
Commissioners Barrett and Gose were absent from the meeting.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Earl Pickett.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. Public hearing to consider proposed zoning changes and small-scale plan amendments 1) NEW BUSINESS: HEARING #CPA - 97-054SS - SAXON GROVES, INC. Approximately 8.2645 acres, located in Section 28, Township 33 South, Range 28 East, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “Urban Agriculture” to “Commercial/Industrial Mixed Use”. 2) HEARING #1426 - SAXON GROVES, INC. Approximately 8.2645 acres, located in Section 28, Township 33 South, Range 28 East, Highlands County, Florida. Requesting a zoning change from AU (Agriculture) to B-4 (Business district). Applicant desires an automotive dealership.
Proof of Publication entered into the record. See Proof of Pub Ordinance Book 1 Page 160. Petition and staff reports presented by Gary Lower The Chair opened the floor to the public. No one spoke for or against the zoning.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve recommendation of the Planning and Zoning Commission to approve CPA-97-054SS and Hearing #1426, a zoning change from AU to B-4 including the adoption of Resolution and Ordinance with the Mandatory Findings, Plan Consistency Findings, Environmental Clearance Finding, Historical and Archaeological Clearance and Conformity Finding. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 147. BOOK 17 PAGE 172
3) HEARING #1427 - ALLISON W. REPETTO C/O JACK WARE Approximately 365.1 acres, located in Section 7, Township 35 South, Range 29 East, Highlands County, Florida. Requesting a zoning change from R-1A (Residential district), R-2 FUD (Two Family Dwelling district, Flexible Unit Development, and Conditional Use), R-2 (Two Family Dwelling district), and AU (Agriculture) to R-2 FUD (Two Family Dwelling district with a Flexible Unit Development). Applicant desires to revise previously approved site development plan.
Petition and staff reports presented by the Zoning Supervisor. The Chair opened the floor to the public. Mr. Jack Ware requested a postponement of the rezoning for one month, to allow more time to evaluate the cost differences between the existing approved single family and the proposed revised single family community. See SMB 28 Page 82 for copy of request.
Commissioner Maxcy discussed with Mr. Ware the impact of the project to traffic on Sparta Road. Mr. Ware advised that no improvements were required at the intersections. The improvements that were required were on Sparta Road at the entrance of the project.
Frank Wurdig asked Mr. Ware if duplexes were proposed. Mr. Ware advised that no duplexes were proposed. Don Darling spoke in opposition to any extension or road connection to Lake Haven Estates. Mr. Ware advised that the county has approached the applicant regarding right of way for widening of the road and they were asked to link the water pipe through to the west. Mr. Polatty stated that this idea came from him and staff has reviewed the possibility, but several hoops would have to happen. Bernard York stated concerns regarding a sewage plant. Mr. Ware advised that the applicant has an agreement approved with the Sebring Utilities to provide water and accept the waste water for disposal. The consensus of the Board was to allow the postponement.
5. Public hearing to consider an ordinance requiring connection to Highway Park Water System See Proof of Pub Ordinance Book 1 Page 161. Petition presented by Jim Polatty. The Chair called for input. Earl Pickett spoke in favor of the mandatory hook-up ordinance. Rev. W. C. Holden asked for a waiver of the fee for concerned citizens and in favor of the ordinance. Staff recommended adoption of this ordinance. Captions of the ordinance read into the record by the Board Attorney.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt ordinance requiring connection of the Highway Park residents to the water system. Upon roll call, all Commissioners voted aye. Motion carried.
6. Public hearing to consider vacation of plat - Seven Lakes Estates Proof of Publication entered into the record. See SMB 28 Page 83. Petition presented by Lisa Burley, Administrative Aide. The Chair called for public input. John W. Burton, Attorney, spoke for his father, John W. Burton, Sr., Trustee, and in favor of the vacation. BOOK 17 PAGE 173
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt Resolution vacating a portion of a plat located in Seven Lakes Estates, Section One. Mr. Macbeth asked for clarification of the wording on the legal description. Commissioner Maxcy amended the motion with a clarification to the legal description as approved by the Board Attorney. Comissioner Flowers seconded the amendment. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 148 and SMB 28 Page 88.
Break - 9:45 a.m. - 10:00 a.m.
7. Public hearing to consider an ordinance amending Article XXIX, Chapter 9, pertaining to Lake Haven Estates Special Benefit District Proof of publication presented into the record by Bill Stephenson, Special Project Director. See Proof of Pub Ordinance Book 1 Page 162. Carl Cool explained the amendment eliminating South Lake Huckleberry Dr. The Chair called for public input. Don Darling objected to any group being omitted from the ordinance and agreed to loan the money to get the project moving. He read a letter into the record from Mrs. Evora Sardinia, who owns 80 lots, and is in favor of the assessment. See SMB 28 Page 84. Leon Wiltsey and Leona Green also spoke in favor. Doris Gates encouraged the Board to postpone until next August. Ronald E. Schwarb sent a letter to be read into the record in opposition to street lighting but in favor of the complete assessment. See SMB 28 Page 85. The Board Attorney read the captions of the ordinance into the record and explained the ordinance and the assessment. Bill Stephenson advised that another public hearing should be held to consider the amount of the assessment.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt ordinance, pertaining to the Lake Haven Estates Special Benefit District with the deletion of the area to be excluded, and a confirmation from the property owners at the next public hearing. Upon roll call, all Commissioners voted aye. Motion carried.
8. Public hearing to consider Sun‘N Lake Estates and Acreage of Lake Placid Special Benefit District Proof of Publication entered into the record by Treasa Handley, Assessment Coordinator. See SMB 28 Page 86. Mr. Cool explained the Resolution for the assessment. The Chair called for public input. Jim Penrod, President of the Homeowners Association, spoke regarding the language in the advertisement, the amount of the assessment and stated that he was in favor of the assessment. Hank Kowalski spoke in opposition to the assessment, without proper survey.
Bill Stephenson advised that the survey will be mailed out in June as prescribed by law. Vernon Link spoke regarding notification issue. Tom McNamara asked questions regarding the assessment. Mr. Macbeth explained the assessment process. Mr. Penrod welcomed anyone to attend the homeowners meetings.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt Resolution authorizing the Board of Supervisors of the district to use the uniform ad valorem method of BOOK 17 PAGE 174 collecting non-ad valorem assessments levied by the Board of Supervisors of the Sun’N Lake Estates and Acreage of Lake Placid Special Benefit District as provided, and to approve agreements with the Property Appraiser and Tax Collector. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 148.
9. Public hearing to consider Belle Aire Estates Special Benefit District Proof of Publication entered into the record by Treasa Handley, Special Assessment Coordinator. See SMB 28 Page 87. Carl Cool explained the Resolution and the description that was deleted because the area fronts on existing county maintained roads. The Chair called for public input. Attorney John McClure, presented the petition.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers to adopt Resolution authorizing the Board of Supervisors of the Belle Aire Estates Special Benefit District to use the uniform ad valorem method of collecting non-ad valorem assessments levied by the Board of Supervisors as provided by Florida Statutes, and to approve agreements with the Property Appraiser and Tax Collector. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 page 149.
10. ADJOURN The meeting adjourned at 11:06 a.m.
______Chairperson
Attest: ______Clerk
****************************************************************************** BOOK 17 PAGE 193
PUBLIC HEARING OF THE BOARD, MARCH 25, 1997
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett C Michael Eastman Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth David Flowers Louise Graham
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by the Chair, J.D. Barrett.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
The Asst. County Administrator reported that a meeting will be held with the Professional Services Acquisition Committee and representatives from Ed Koch for the finalization of the Sun’n Lakes Clubhouse construction. A contract will be forthcoming on April 15, 1997.
Commissioner David Flowers asked participation from the Board of County Commissioners at the Avon Park Mall Festival Orange Juice Squeeze Contest.
4. PUBLIC HEARINGS TO CONSIDER PROPOSED ZONING CHANGES AND SMALL SCALE PLAN AMENDMENTS
NEW BUSINESS: HEARING #1428 - FOOTMANS TRAIL SUBDIVISION C/O DR. A. TROCHET Approximately 42.8 acres located in Sections 29 and 30, Township 36S, Range 29E, of Highlands County, Florida. Requesting a zoning change from R-1A (Residential district) to AU (Agriculture). Applicant desires to comply with the Future Land Use Map. Proof of Publication entered into the record by Gary Lower, Zoning Supervisor. See Proof of Publication Ordinance Book 1 Page 163. An analysis of the petitioner’s proposal and staff reports were presented. Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve Hearing #1428 zoning change with the mandatory findings as entered into the record and to adopt Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 157.
HEARING #1429 - LAKE PLACID HOLDING COMPANY C/O JOSEPHINE TOBLER BOOK 17 PAGE 194
Approximately 5.3893 acres located in Section 15, Township 37S, Range 29E, of Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-3 (Business district). Applicant desires a restaurant/proposed commercial buildings. Staff presented an analysis of the petitioner’s proposal and staff reports. Motion by Commissioner Flowers, seconded by Commissioner Maxcy to adopt Resolution and approve the rezoning contingent on approval of Environmental Clearance and upon entering the mandatory findings into the record. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 158. HEARING #1430 - ELFERS AND ELFERS, INC. C/O MICHAEL M. DISLER Lots 4A & B through 11A & B, Lots 19A, 19B, 21A, 21B, 25A, and 25B of Hidden Creek Villas as recorded in Plat Book 14, Page 49 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-2 FUD (Two Family Dwelling District with a Flexible Unit Development) to R-2 FUD (Two Family Dwelling District with a Flexible Unit Development). Applicant desires single family with a setback requirement of 7 feet and duplex units. Staff presented an analysis of the petitioner’s proposal. The Chair opened the floor to the public.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt Resolution approving the R-2 FUD zoning, upon entering the mandatory findings into the public hearing record. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 159.
CPA - 97-056SS - VIRGINIA H. PARRISH, TRUST C/O RICK WHIDDEN Approximately 9.84 acres located in Section 32, Township 39S, Range 30E, of Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Commercial/Industrial Mixed Use.”
HEARING #1431 - VIRGINIA H. PARRISH, TRUST C/O RICK WHIDDEN Approximately 9.84 acres located in Section 32, Township 39S, Range 30E, of Highlands County, Florida. Requesting a zoning change from AU (Agriculture) to B-4 (Business district). Applicant desires a truck stop, restaurant, and service station. Staff presented an analysis of the petitioner’s proposal.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt Resolution and Ordinance, upon entering the mandatory findings into the public record. The Chair opened the floor to the public. Rick Whidden spoke for the petitioner. Joe Snoll requested discussion from staff on safety issues. Carl Cool advised that county land development regulations will address safety issues. Rick Whidden replied that all compliance issues will be met. Jim Polatty, Development Services Director, advised that state regulations govern gasoline tanks and the use of oil. Hank Kowalski spoke regarding regulations for fire. Jim Cash spoke in favor of the zoning. Carl Cool noted for the record that Glades County has offered options for the business to locate within their county. See SMB 28 Page 125 for copy of letter. Commissioner Canale stated concerns that this development BOOK 17 PAGE 195 might reinforce the strip development pattern. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 160.
CPA -97-057SS - DOUGLAS KRUEGER, C/O RICK WHIDDEN Approximately 5.9 acres located in Section 20 and 21, Township 37S, Range 30E, of Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “High Density Residential.”
HEARING #1432 - DOUGLAS KRUEGER, C/O RICK WHIDDEN Approximately 5.9 acres located in Section 20 and 21, Township 37S, Range 30E, of Highlands County, Florida. Requesting a zoning change from R-3 FUD (Multiple Family Dwelling district with a Flexible Unit Development) to R-3 FUD (Multiple Family Dwelling district with a Flexible Unit Development). Applicant desires an adult living community. Staff presented an analysis of the petitioner’s proposal. Mandatory findings were entered into the public hearing. Commissioner Maxcy questioned the number of voting members on the Zoning Board.
The Chair opened the floor to the public. Rick Whidden explained the density requirements.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt Ordinance and Resolution for Hearing #1432, upon entering mandatory findings into the public hearing record, with recommendations as stated by staff. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 161.
CPA - 97-058SS - SEBRING SHORES DEVELOPMENT, INC. C/O ROBERT E. SHERWOOD Approximately 3.0 acres located in Section 13, Township 34S, Range 28E, of Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “Medium Density Residential” to “Commercial.” Staff presented an analysis of the petitioner’s proposal. Staff recommended that this Plan Amendment be approved with the exception that the Commercial Future Land Use designation not be applied to the western part of lot 21 and lots 22 to 24, the four lots fronting on Highlands Dr. Staff further recommends that the applicant file a consistency rezone application to R-2 zoning on the four lots fronting on Highlands Dr. within six months of this approval.
The Chair opened the floor to the public. Bruce Sherwood, Agent for the property, explained the need for the R-3 designation and requested that the county pay the expense of the advertisement and waive the fee for the application. The Board discussed the issue of the rezones.
Motion by Commissioner Maxcy, seconded by Commissioner Canale, to adopt Ordinance, upon entering mandatory findings into the public record, and approve the small scale plan amendment. Commissioner Maxcy withdrew his motion based on the conversation in regards to waiving the fees. BOOK 17 PAGE 196
Motion by Commissioner Canale, seconded by Commissioner Flowers, to accept Planning and Zoning recommendations, to adopt Resolution and Ordinance, upon entering the mandatory findings into the record, and approve the Commercial Future Land Use designation with the exception that the Commercial Future Land Use designation not be applied to the western part of lot 21 and lots 22- 24, the four lots fronting on Highlands Dr. Staff to instruct the applicant to file a consistency rezone application to R-2 on the four lots fronting Highland Dr. within six months of the Plan Amendment, with the applicant paying for the advertising and the county waiving the application fee. Upon roll call, all Commissioners voted aye. Motion carried.
5. PUBLIC HEARING TO CONSIDER AN ORDINANCE REPEALING ORDINANCE 95-21 AND SECTION 7-3 OF THE CODE OF ORDINANCES, PERTAINING TO THE ADDITIONAL SURCHARGE ON MOVING VIOLATIONS Proof of Publication entered into the record. See Proof of Publication Book 1 Page 164. The Board Attorney explained that this is a clean up, as the statute no longer authorizes the collection on the moving violation. Now the statute provides for it to be collected as a part of their fines structure.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt ordinance repealing Ordinance 95-21 and Section 7.3 of the Code of Ordinances, pertaining to the additional surcharge on moving violations. Carl Cool stated that since the county already has the ordinance in place, the monies will still fund communications. Tom Portz gave an update on the amount of monies used toward upgrading communication and requested the Board support the assessment of the wireless carriers for the 911 upgrade. Upon roll call, all Commissioners voted aye. Motion carried.
6. ADJOURN The meeting adjourned at 10:15 a.m.
______Chairperson
Attest: ______Clerk
********************************************************************************
BOOK 17 PAGE 197
BOOK 17 PAGE 216
PUBLIC HEARING OF THE BOARD, APRIL 22, 1997
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett C Michael Eastman Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth James L Gose Louise Graham David Flowers
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner David Flowers. The Pledge of Allegiance was led by Richard Conover.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. A. The Board Attorney presented request for an attorney client Executive Session to be held May 6, 1997 at 11:40 a. m. for discussion regarding a lawsuit filed by Sun’n Lakes Improvement District and Bob Severino. B. Mr. Bob Walker spoke opposing the erection of a tower on Lake Josephine and its effect on Lake Josephine residents. The Chairman suggested that Mr. Walker bring this back for discussion at the regular meeting of May 6, 1997. See SMB 28 Page 173.
4. Public hearing to consider request to assess lien, case #96-97-015 Proof of Publication and Petition entered into the record by Gary Lower, Zoning Supervisor. See SMB 28 Page 174. Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve request to assess lien, case #96-97-015, Howard and Debra Clark. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 28 Page 175.
5. Public hearing to consider vacation of easements, Sun ‘n Lake Estates of Sebring-Ridge Resort Management Corporation Proof of Publication and Petition entered into the record by the County Engineer. See SMB 28 Page 176. The Chairman called for public input. No one spoke for or against the petition. Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt Resolution vacating various utility and drainage easements of Lots 11,12,13, 14,15,16,17,18,21,22,23, and 24, Block 440 located in Sun’n Lakes, Unit 20. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 180 and SMB 28 Page 177.
6. Public hearing to consider vacation of easements, Leisure Lakes BOOK 17 PAGE 217
Proof of Publication and Petition entered into the record by the County Engineer for Gerald J. and Marie J. Youlden for construction of a homesite. See SMB 28 Page 178. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt Resolution to vacate the utility and drainage easement along the common lot line dividing Lots 9 and 10, Block 24 Leisure Lakes Section Four, Plat Book 6, Page 29. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 181 and SMB 28 Page 179.
7. Public hearings to consider proposed zoning changes and Small- Scale Plan Amendments Proof of Publication entered into the record by Gary Lower, Zoning Supervisor. See Proof of Publication Ordinance Book 1 Page 165.
NEW BUSINESS: HEARING #CPA - 97-060SS - ROBERT L. HENDRY An approximate .54 acre tract located in Sections 21 and 28, Township 37S, Range 30E, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “General Agriculture” to “Commercial.”
HEARING #1433 - ROBERT L. HENDRY An approximate .54 acre tract located in Section 22, Township 37S, Range 30E, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-3 (Business district). Applicant desires an automobile repair, service garage and B-3 use. Mr. Lower presented an analysis of Petitioner’s Proposal. The Chair opened the floor to the public. No one spoke for or against the petition.
Motion by Commissioner Maxcy, seconded by Commissioner Canale, to approve the rezoning and the Resolution, and adopt Ordinance, after entering the mandatory findings into the public hearing record and contingent upon approval of the Small Scale Plan Amendment from the Department of Community Affairs. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 182.
HEARING # 1434 - HENRY L. THEISS Approximately 4.5 acres located in Section 17, Township 35S, Range 29E, Highlands County, Florida. Requesting a zoning change from EU (Estate district) to AU (Agricultural). Applicant desires to be consistent with the Future Land Use Map. Mr. Lower presented an analysis of the Petitioner’s Proposal with the recommendation from the Planning and Zoning Board to deny the zoning. Jim Polatty, Development Services Director, explained the zoning amendment. The Chair opened the floor to the public. Debbie Kendrick presented questions as to the type of zoning the property will remain at.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to accept the recommendations of Planning and Zoning and deny the AU zoning upon entering the findings of fact into the public BOOK 17 PAGE 218 hearing record and to refund the applicants money. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING #1435 - MAURICIO E. & MARIA D. LORENZO Lots 28 and 29, Harris Sun ‘N Lakes Mobile Estate, as recorded in Plat Book 9, Page 67, of the Public Records of Highlands County, Florida. Requesting a zoning change from B-1 (Neighborhood Business district) to B-2 (Limited Business district). Applicant desires to construct a convenience store and to allow sales of alcoholic beverages. The recommendation of the Planning and Zoning Commission was to recommend to the Board approval of the zoning change, contingent upon approval of the Small-Scale Plan amendment and waive the fees on the Small-Scale Plan amendment. The Zoning Supervisor presented an Analysis of Petitioner’s Proposal. The Chair opened the floor to the public.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to deny the B-2 zoning since it is not allowed by the Comprehensive Plan. Commissioner Canale explained that she was concerned about the urban sprawl. Mr. Lower stated that if the zoning is denied the applicant will probably go ahead and build a convenience store and a Laundromat. Commissioner Canale withdrew her motion. Commissioner Flowers withdrew his second.
Motion by Commissioner Flowers, seconded by Commissioner Canale to accept recommendations of the Planning and Zoning Board and approve the zoning change, after entering the mandatory findings into the public hearing record, contingent upon approval of a small-scale amendment, and to waive the fees on the small-scale amendment. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 10 Page 183.
HEARING #CPA - 97-061SS - 1138 PROPERTY INC., C/O RICK WHIDDEN Approximately 9.72 acres located in Section 22, Township 35S, Range 29E, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “General Agriculture” to “Commercial.” Applicant proposes a motel and restaurant. The recommendation of the Planing and Zoning Commission was to approve as requested including the mandatory findings in the staff report.
Staff presented an Analysis of Petitioner’s Proposal. The proposed Land Use Amendment is not consistent with the Comprehensive Plan. The Chair opened the floor to the public. John Borgemeister spoke in favor.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to approve the Small Scale Plan Amendment and adopt Ordinance, after entering mandatory findings into the public hearing record. Upon roll call, all Commissioners voted aye. Motion carried.
ACTION REGARDING FRONTAGE ROAD The Chairman suggested that this item be placed on a workshop for discussion. BOOK 17 PAGE 219
8. Public hearing to consider Stipulated Settlement Agreement with DCA Update concerning the County’s compromise position with the Florida Department of Community Affairs (DCA) to add lands to the Future Land Use Map (FLUM) and amendments to the text of the Comprehensive Plan. The Chairman opened the floor to the public. John Borgemeister voiced opposition to the Board sending the wrong message to DCA and suggested a letter accompany the Agreement in protest.
Motion by Commissioner Canale, seconded by Commissioner Gose, to approve and authorize the Chairman to sign the Stipulated Settlement Agreement for transmission to DCA. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 28 Page 179.
9. Public hearing to consider Spring 1997 Large-Scale Plan Amendments SPRING AMENDMENTS (TEXT CHANGES): Discussion County initiated Comprehensive Plan Text amendments pertaining to: A) Amend the Natural Resources Land Use Table 1.3, adding the FUD district to the Medium Density Residential category and including the Residential Estate (EU) zoning district and the proposed Rural Residential Zoning District to the General Agriculture category; B) Clarifies the maximum density in the General Agriculture category for clustering and transfer of development rights; C) Amends the High Density Residential category to add a provision for Adult Living Facilities not to exceed 30 units per acre; D) Amend Infrastructure Policy 6.7 to clarify when water and sewer are required for new development; E) Amend Natural Resources Element to provide Mitigation protocol for properties in environmentally sensitive areas; F) Amend the Natural Resources Element clarifying when “roller chopping” is considered land clearing; G) Amend Natural Resources Element Policy 3.13 to delete the responsibility of the County notifying appropriate federal and state agencies on land clearing permits. The Chair opened the floor to the public. Hank Kowalski spoke in opposition to deleting the responsibility of the county notifying appropriate agency on clearing permits. Mr. Kowalski also addressed the “Roller Chopping.” He suggested two years instead of three. Preston Colby asked that the county provide to the person seeking the permit, a checklist of things that must be accomplished.
Dan Foley stated concerns as to the “Roller Chopping.” Roller Chopping for land clearing is not considered maintenance. Joe Snoll spoke of the liability issue by the county. Jim Polatty presented discussion on regulations already in place and the Commissioners discussed adopting an ordinance. Commissioner Maxcy suggested that staff check other counties to see how they are addressing land clearing. The Board Attorney presented clarification on the land clearing issues.
Motion by Commissioner Gose, seconded by Commissioner Flowers to accept the findings of fact as presented and recommend approval of the Plan Amendment except the definition in the Land Clearing section, to remove the language non-agricultural lands and to read “Roller Chopping” is considered land clearing. Changes as outlined in Policy 3.3A and B, 3.5-A #11 and 3.15 D, by the Board Attorney, were accepted by Commissioner Gose and Flowers for submittal to DCA for approval. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 28 Page 180 for copy. BOOK 17 PAGE 220
10. Public hearing to consider an ordinance amending Section 9-280, Article XIII, Chapter 9, pertaining to Sun ‘n Lake Estates and Acreage of Lake Placid Special Benefit District
Recess 10:40 a.m. - 10:55 a.m.
The Chairman reconvened the meeting with all members present and advised that a confirmation has not been received from the newspaper regarding the proof of publication. The public hearing will be set for a later date.
11. ADJOURN The meeting adjourned at 10:55 a.m.
______Chairperson
Attest: ______Clerk
********************************************************************************* BOOK 17 PAGE 250
PUBLIC HEARING OF THE BOARD, MAY 27, 1997
1. The meeting was called to order at 9:20 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett Charles Lairsey Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth James L Gose Louise Graham David Flowers
2. Public hearing to consider zoning changes and Small-scale Plan Amendments OLD BUSINESS: CPA - 97-068SS - MAURICIO E. & MARIA D. LORENZO Lots 28 and 29, Harris Sun ‘N Lakes Mobile Estates, as recorded in Plat Book 9, Page 67, of the Public Records of Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Commercial.” Applicant desires to construct a convenience store, sale of alcoholic beverages and a self- service Laundromat.
Gary Lower, Zoning Supervisor, presented proof of publication into the record for all hearings. See Proof of Publication Ordinance Book 1 Page 166. Mr. Lower stated that this zoning request was heard in April and the Board of County Commissioners approved the zoning change and waived the Small-Scale Plan amendment application fee. No letters were received for or against.
The Chair opened the floor to public input. No one spoke for or against. Motion by Commissioner Canale, seconded by Commissioner Flowers, to approve the Small-Scale Plan amendment, CPA - 97-068SS, and adopt Ordinance. Upon roll call, all Commissioners voted aye. Motion carried.
NEW BUSINESS: HEARING #CPA - 97-062SS - JOHN H. E. BAKER, II C/O PETE MCDEVITT An approximate 8.33 acre tract located in Section 11, Township 37S, Range 29E, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “General Agriculture” to “Medium Density Residential.”
Petition presented by the Zoning Supervisor. No letters were received for or against. The Chair opened the floor to the public. No input was received. BOOK 17 PAGE 251
Commissioner Gose questioned historical and archaeological site information. Jim Polatty, Development Services Director, stated that the form was placed in the file for the applicant to proceed with the report.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve Hearing CPA-97-062SS and adopt ordinance, subject to obtaining historical and archaeological clearance as recommended by the Historic Preservation Commission. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING #CPA - 97-064SS - WILLIAM F. HUTCHINSON, III - C/O MIKE SWAINE An approximate .99 acre tract located in Section 35, Township 33S, Range 28E, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “Urban Agriculture” to “Commercial.”
HEARING #1436 - WILLIAM F. HUTCHINSON, III - C/O MIKE SWAINE An approximate .99 acre tract located in Section 35, Township 33S, Range 28E, Highlands County, Florida. Requesting a zoning change from R-1A (Residential district) to B-4 (Business district). Applicant desires to sell property to be used as a repair garage.
Petition presented by Gary Lower, Zoning Supervisor. No letters were received for or against. Commissioner Gose questioned how staff can defend this zoning with DCA. Jim Polatty stated staff reasons for the denial is the leap frog development. The B-4 zoning is not appropriate for this location. Mr. Lower advised that DCA will probably not review this small-scale amendment.
The Chair opened the floor to the public. Richard Conover questioned the type of surrounding zoning. Mike Swaine, Attorney for the applicant, stated that there is a buyer for the property and he wants to use the property for a garage.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve Hearing #1436, contingent upon approval of the Small-Scale Plan amendment, CPA 97-064 SS, and adopt ordinance. Upon roll call, all Commissioners voted aye with the exception of Commissioner Canale, who vote nay. Motion carried. See Res. Book 11 Page 11.
HEARING #CPA - 97-063SS - BRIAN AND NANCY YACOBONI Lot 25, Block 1, of Highlands Park Estates, Section D, as recorded in Plat Book 4, Page 86, of the Public Records of Highlands County, Florida. Requesting a Small-Scale Plan amendment from “General Agriculture” to “Commercial.” BOOK 17 PAGE 252
HEARING #1437 - BRIAN AND NANCY YACOBONI Lot 25, Block 1, of Highlands Park Estates, Section D, as recorded in Plat Book 4, Page 86, of the Public Records of Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-3 (Business district). Applicant desires to add more storage units to their existing warehouses on adjacent lot.
Petition presented by Gary Lower, Zoning Supervisor. No letters were received for or against. The Chair opened the floor to the public. No public input was received.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to approve zoning change, contingent upon approval of Small Scale Plan amendment CPA-97-063 SS, and the accompanying Resolution and Ordinance. Commissioner Gose amended the motion that Board members have entered into the record the mandatory findings of fact. Commissioner Maxcy seconded the amendment. Upon roll call, on the amendment, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 12.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to amend motion to enter the mandatory findings into the record of Hearing #1436 CPA - 97-064SS. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING #CPA - 97-065SS - JACK P. NEIDLINGER AND DONNA F. NEIDLINGER C/O DALE POLSTON An approximate 1.58 acre tract located in Section 7, Township 34 South, Range 29 East, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “General Agriculture” to “Commercial.”
HEARING #1438 - JACK P. NEIDLINGER AND DONNA F. NEIDLINGER C/O DALE POLSTON An approximate 1.58 acre tract located in Section 7, Township 34 South, Range 29 East, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-3 (Business district). Applicant desires to construct mini-warehouses. Petition presented by Gary Lower. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Canale, seconded by Commissioner Flowers to approve zoning hearing #1438, contingent upon the Small-Scale Plan amendment CPA-97-065SS, and adopt ordinance and resolution after entering mandatory findings into the record. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 13. BOOK 17 PAGE 253
3. Public hearing to consider an ordinance amending Chapter 9, pertaining to the Sun ‘n Lake Estates and Acreage of Lake Placid Special Benefit District Proof of Publication presented into the record. See Proof of Publication Ordinance Book 1 Page 167. Captions of the ordinance read by the Board Attorney. Mr. Macbeth explained that this ordinance corrects the legal description.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt ordinance amending Chapter 9, pertaining to the Sun’n Lake Estates and Acreage of Lake Placid Special Benefit District with corrections. Upon roll call, all Commissioners voted aye. Motion carried.
4. Public hearing to consider purchase of property-South Central Florida Express, Inc. (Phase I Eucalyptus Parkway construction) Proof of Publication and petition presented into the record by William Stephenson, Special Projects Director. See SMB 29 Page 53. The Chair opened the floor to the public. Ron Geer spoke in opposition to the purchase as no tax money will be received for the county.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve the purchase agreement for SCFE property and the addendum to the agreement in the amount of $80,000. Upon roll call, all Commissioners voted aye, with the exception of Commission Canale who voted nay. Motion carried. See SMB 29 Page 54.
5. Public hearing to consider vacation of easement in Sun ‘n Lake Estates of Sebring, Unit 15 Proof of publication and Petition entered into the record by the County Engineer. See SMB 29 Page 55.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt Resolution to vacate the 7.5 foot utility and drainage easement for Lots 5 and 6 Block 747, Unit 15 of Sun’n Lakes Estates of Sebring. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 14.
6. Public hearing to consider vacation of plat in Sun ‘n Lake Estates of Sebring, Unit 10 Petition and Proof of publication entered into the record. See SMB 29 Page 56.
Motion by Commissioner Gose, seconded by Commissioner Canale, to adopt Resolution to vacate Lots 19, 20, 21 and 22, Block 144, Unit 10 of Sun’n Lakes Estates of Sebring. BOOK 17 PAGE 254
Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 15.
7. Public hearing to consider vacation of easement in Leisure Lakes Proof of publication and Petition entered into the record. See SMB 29 Page 57.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt Resolution to vacate utility and drainage easement along the common lot line dividing Lots 32 and 33, Block 111, Leisure Lakes, Section Six, Plat Book 6, Page 37. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 16.
8. Public hearing to consider vacation of easement in Vogel-Lorber Subdivision Proof of publication and Petition entered into the record. See SMB 29 Page 58. Mike Swaine, Attorney for the petitioner explained the vacation. The Chair opened the floor to the public. Richard Conover spoke regarding the petitioners’ name not mentioned into the record.
Motion by Commissioner Canale, seconded by Commissioner Gose, to adopt Resolution to vacate the South 1 ½ feet of the seven ½ foot utility and drainage easement running along the north line of Lot 5 of Vogel-Lorber Subdivision. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 17.
Carl Cool briefed the Commission on the drowning of a 24-year-old man at H.L. Bishop Park outside the swimming area.
9. RECESS The meeting recessed at 10:10 a.m.
10. 5:30 p.m. RECONVENE at Agri-Civic Center - 4509 W. George Blvd., Sebring: The Chair reconvened the Public Hearing at the Agri-Civic Center at 4509 George Blvd., Sebring, Florida with all Board members present:
Public hearing to consider an ordinance adopting amendments to Section 9-1 and 9-2, pertaining to the Local Option Gas Tax and the Ninth-cent Fuel Tax on motor fuel and diesel fuel Proof of Publication entered into the record by Carl Cool. See Proof of Publication Ord. Book 1 Page 168. Hand outs reviewed on the enactment of the Local Option Gas Tax on September 21, 1993 with the effective date of January 1, 1994. It was adopted by ordinance with a sunset provision for the end of 1998. Mr. Cool gave a summary review BOOK 17 PAGE 255 of gasoline facts. See SMB 29 Page 60. He explained that the road projects would be reduced significantly if the gas tax was discontinued. A list was presented of paving totals for fiscal years 1991-1995. Mr. Cool entered into the record, Resolutions of support from the Sebring City Council and the Town of Lake Placid. Letters of support from the Greater Sebring Chamber of Commerce, Highlands County Economic Development, The Citrus Growers Association, Leisure Lakes Homeowners Civic Association, Reynolds Fruit Co., and in opposition, The Avanti Co., See SMB 29 Page 61.
The Board Attorney read the captions of the ordinance with changes noted for the record. He also explained that this ordinance requires a super majority vote by the Board.
Vaden Pollard, Operations Director, advised that the discontinuance of the gas tax would cause a severe impact in all services in Road and Bridge and the Engineering Departments. The Budget Officer has estimated this figure to be $1.2 million. Mr. Pollard outlined the level of service impact as well as equipment and personnel to be affected. There would be no more paving of any dirt roads or reconstruction of any roads. There would be no additional roads accepted for county maintenance. There would be no shell to haul on dirt roads and would be a reduction in the amount of dirt roads graded and resurfaced. See SMB 29 Page 62.
The Chair opened the floor to the public. Input was received from the following:
Recess 6:20 p.m. - 6:30 p.m.
Speaking in favor of the Gas Tax Speaking in opposition to the Gas Tax Phil Askew-Homeowners Association Joan Pflueger Elmyra Hearns John T. Williams Earl Pickett Clint Smith-Lake Placid Town Council Dan Foley-Citrus Growers Association Dee Thomas Ray Napper Roe McAdams-McAdams Oil Co. Harold Seaman- questions-Diesel Fuel Charlie Taylor-Taylor Oil Co. Preston Colby-Local Option Gas Tax Jim Stanfill-IDA/EDC Director Steve Roberts BOOK 17 PAGE 256
Allon Fish-Sebring Chamber Director Jean B. Nichols
Commissioners presented statements into the record.
Motion by Commissioner Canale, seconded by Commissioner Flowers to adopt ordinance amending paragraph (3) of Subsection (b) of Section 9-1 and to Section 9-2 of the Code of Ordinances to extend a three-cent local option gas tax, commencing January 1, 1998 and ending midnight on December 31, 2003. The Chair opened the floor to the public. Clarence Polston, Jean Nichols, Glen Rose and Joan Pfluger spoke in opposition to the motion. Upon roll call, all Commissioners voted aye. Motion carried.
The Commission discussed the issue of a yearly review of the Gas Tax. It was a consensus that staff look at this at the end of each year when other contracts are reviewed.
Refer to tape for further details.
11. ADJOURN The Public Hearing adjourned at 7:40 P.M.
______Chairperson
Attest: ______Clerk
***************************************************************************** BOOK 1 PAGE 531
PUBLIC HEARING OF THE BOARD, JUNE 3, 1997 LAKE HAVEN ESTATES SPECIAL BENEFIT DISTRICT
1. The Public Hearing was called to order at 5:04 p.m. at the Agri-Civic Center 4509 George Blvd., Sebring, Florida, with the following members present: J D Barrett Charles Lairsey Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth Jams L Gose Louise Graham David Flowers
2. INVOCATION AND PLEDGE OF ALLEGIANCE The Public Hearing opened with a prayer by Commissioner C. Guy Maxcy. The Pledge of Allegiance was led by the Chair, J.D. Barrett.
3. PUBLIC HEARING TO CONSIDER AMENDING ORDINANCE Proof of Publication entered into the record by the Special Projects Director, Bill Stephenson. See Proof of Publication Ordinance Book 1 Page 169. The Board Attorney read the captions of the Ordinance into the record and explained that the only change to the ordinance is amending the area of the District. Some residents have requested a deletion of South Lake Huckleberry Dr. Carl Cool explained the location of the proposed street lights and provided information as to the history of this District. He also noted for the record that is the only issue at this Public Hearing.
The Chair opened the Public Hearing to the public: Speaking for keeping So. Lake Speaking for eliminating So. Lake Huckleberry in the District Huckleberry Dr. from the District Don Darling Evan H. Miner Mildred J. Sanders Reggie and Renee LaDue Pat Sickinger Austin M. Heacock Ray Napper Martin Cardoza Gayle Obermayer Ron Schwarb
Three letters were entered into the record from residents asking to be deleted from the District. See SMB 29 Page 84. BOOK 1 PAGE 532
Motion by Commissioner Flowers, seconded by Commissioner Canale, to delete South Lake Huckleberry Drive from the District. Discussion by the Board on the motion. Commissioner Canale asked the Board Attorney if it was legal to remove that section from the District. He explained that due to the uniqueness, it would be legal in this particular situation. He would not make that as a universal comment. It depends on the facts and the circumstances that the Board is considering at the time. Upon roll call, all Commissioners voted aye. Motion carried.
The Board Attorney asked that the motion include adoption of the ordinance.
Motion by Commissioner Flowers, seconded by Commissioner Canale, to adopt ordinance pertaining to the Lake Haven Estates Special Benefit District and deleting South Lake Huckleberry Drive from the District.
4. Adjourn The meeting adjourned at 5:50 p.m.
______Chairperson
Attest: ______Clerk
***************************************************************************************************** 1. The Public Hearing was called to order at 5:50 p.m. at the Agri-Civic Center at 4509 West George Blvd., Sebring, Florida with the following members present:
J D Barrett Charles Lairsey Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth James L Gose Louise Graham David Flowers
2. Public Hearing statement read by the Chair
3. Assessment Coordinator, Treasa Handley, presented Proof of Publication. See Proof of Publication Ordinance Book 1 Page 170.
4. Bill Stephenson, Special Projects Director A. Presentation of ballot/survey results Mr. Stephenson presented the survey results (with South Lake Huckleberry Dr. removed from the survey) 224 or 64.2% yes votes and 125 or 35.8% no votes.
B. Recommendations of Staff BOOK 1 PAGE 533
Carl Cool advised that removing Lake Huckleberry Dr. has also removed four lights from the District. Sixty-three lights will be placed in the area. He explained the assessment proposed at $20.00 per improved lot and $5.00 per unimproved lot or fraction thereof.
5. Open for public discussion
Speaking in favor for Street Lights Speaking in opposition for Street Lights Leon Wiltsey Stan Baart Don Darling Mildred J. Sanders George Hester Kathy Nelson Harry Podmore Lyle Hays Charles J. Williams Robert F. Mutz George Hester Lucy Saldarini
6. Motion for Adoption of Contracts with Tax Collector and Property Appraiser for Administrative Services Motion by Commissioner Canale, seconded by Commissioner Flowers to adopt contracts with the Tax Collector and Property Appraiser for Administrative Services.
Commissioner Canale amended the motion to include the adoption of the Resolution, Assessment amount as specified in the Resolution and to amend Exhibit "A," excluding the area of So. Lake Huckleberry Drive from the District.
Upon roll call, all Commissioners voted aye. Motion carried.
See Res. Book 11 Page 21. Refer to tape for further details. 7. Adjourn The meeting adjourned at 6:35 p.m.
______Chairperson Attest: ______Clerk
****************************************************************************************************** BOOK 17 PAGE 288
PUBLIC HEARING OF THE BOARD, JUNE 24, 1997
1. The Public Hearing was called to order at 11:09 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett Charles Lairsey Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth James L Gose Louise Graham David Flowers
Motion by Commissioner Canale, seconded by Commissioner Gose, to approve all five hearings as listed. After Board Attorney advice, Commissioner Gose and Canale withdrew their motion.
2. NEW BUSINESS: HEARING #CPA - 97-066SS - JAMES M. WILLIAMS Approximate 8.66 acres located in Section 3, Township 35 South, Range 29 East, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “Low Density Residential” to “ High Density Residential.” Duane Neiderman presented proof of publication and petition into the record. See Proof of Pub Ordinance Book 1 Page 171.
The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Canale, seconded by Commissioner Gose to adopt Ordinance approving the Small-Scale Plan Amendment from Low Density Residential to High Density Residential, Future Land Use designation, after entering into the record, mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried.
3. Public hearing to consider amendment of Chapter 5.5, pertaining to Land Development Regulations Proof of Publication entered into the record. See Proof of Publication Ordinance Book 1 Page 172. Captions of the ordinance read into the record by the Board Attorney. The Chair opened the floor to the public.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt ordinance pertaining to Land Development Regulations providing for transitional protective yard landscape regulations Upon roll call, all Commissioners voted aye. Motion carried.
4. Public hearing to consider amending Section 5.3-33, regarding the Historic Preservation Commission BOOK 17 PAGE 289
Proof of Publication entered into the record. See Proof of Pub Ordinance Book 1 Page 173. Captions of the ordinance read into the record by the Board Attorney. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Gose, seconded by Commissioner Canale, to adopt ordinance amending Subsection (18) of Section 5.3-33 of the Code of Ordinances, Historic Preservation Commission. Upon roll call, all Commissioners voted aye. Motion carried.
5. Public hearing to consider amending Chapter 9, regarding Lorida Special Benefit Fire District Proof of Publication entered into the record. See Proof of Pub Ordinance Book 1 Page 174. Captions of the ordinance read into the record by the Board Attorney.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt ordinance amending Sec. 9-511 of Chapter 9, Article XXXI of the Code of Ordinance, amending the legal description. The Chair opened the floor to the public. No one spoke for or against the ordinance. Upon roll call, all Commissioners voted aye. Motion carried.
6. Public hearing to consider the exchange of real County property for other real property necessary to realign Daffodil Road Proof of Publication entered into the record. See SMB 29 Page 113. Captions of the ordinance read into the record. The County Engineer explained the exchange of property necessary to realign the Daffodil Road right-of-way and reconstruct Daffodil Road. The Chair asked if this Resolution is necessary since the approval of the Airport Authority Interlocal Agreement. Mr. Cool advised that this is a very important project and we need to move ahead. This property is located in a subdivision near Leisure Lakes and the property is needed for the alignment.
The Board Attorney advised that this approval is made without all necessary deeds. The properties and owners have been identified, and surveyed as well as any property needed for the realignment.
Motion by Commissioner Canale, seconded by Commissioner Gose, to adopt Resolution and accept properties described as Parcels two and six in exchange for Parcel seven, in fee simple with all improvements for road construction when necessary deeds have been received and approved by the attorney.
The Chair opened the floor to the public. Ray Napper asked if it were an even exchange with the property. Mr. Macbeth reported that the county is receiving the larger portion. Hank Kowalski asked for identification of property owners. The Board Attorney named the three participants in the conveyance exchange. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 26.
7. Public hearing to consider adoption ordinance 97- that adopts settlement BOOK 17 PAGE 290
agreement DOAH Case 96-4692 GM, a Large Scale Plan Text Amendments for Policy 1.11 in the Future Land Use Element of the Comprehensive Plan Proof of Publication entered into the record. See Proof of Pub Ord Book 1 Page 175. Captions of the Ordinance read into the record by the Board Attorney and explanation as to the necessity to amend the Future Land Use Element to adopt a new Policy 1.11, Site Specific Developments to provide for the Schlosser property amendment to be placed in the Comprehensive Plan.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to waive the agenda and place this ordinance on the agenda for consideration, and adopt ordinance providing for the adoption of a remedial plan amendment adding a new Policy. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
8. ADJOURN The meeting adjourned at 11:30 a.m. ______Chairperson
Attest: ______Clerk
***************************************************************** BOOK 17 PAGE 314
PUBLIC HEARING OF THE BOARD, JULY 29, 1997
1. The Public Hearing was called to order at 9:36 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett C Michael Eastman Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth James L Gose Louise Graham David Flowers
2. Public hearing to consider proposed small scale plan amendments, large scale plan amendments and zoning changes:
Proof of Publications entered into the record for all Public Hearings. See Proof of Pub Ordinance Book 1, Page 177 for copy.
HEARING # CPA - 97-067LS - ADAM SCHREIER - C/O RICK WHIDDEN An approximate 28 acres located in Sec. 17, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a large-scale Plan amendment from “General Agriculture” to “Medium Density Residential.”
HEARING #1439 - ADAM SCHREIER - C/O RICK WHIDDEN An approximate 28 acres located in Sec. 17, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-1 (Residential district). Applicant desires to create single family lots. Jim Polatty presented an analysis of petitioners’ proposal. Staff reports were reviewed. Motion by Commissioner Canale, seconded by Commissioner Gose, to approve the large scale plan amendment, upon entering the mandatory findings into the record and approve the rezone to R-1 Residential district and adopt Resolution, subject to the approval and effective date of the large-scale plan amendment by the DCA. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 38.
HEARING # CPA - 97-069SS - DONALD TRACY Lot 1, Josephine Acres, as recorded in Plat Book 4, Page 73 of the Public Records of Highlands County, Florida. BOOK 17 PAGE 315
Requesting a Small-Scale Plan amendment from “General Agriculture” to “Commercial.”
HEARING #1441 - DONALD TRACY Lot 1, Josephine Acres, as recorded in Plat Book 4, Page 73 of the Public Records of Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-4 (Business district). Applicant desires to construct a building for storage and manufacturing.
Analysis of Petitioner’s Proposal was presented by Jim Polatty. Staff reports were reviewed.
Motion by Commissioner Gose, seconded by Commissioner Canale, to approve the rezoning request and adopt Resolution and the Small Scale Plan Amendment, contingent upon approval by the DCA, upon entering the mandatory findings into the record. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 39.
HEARING #1442 - DANIEL K. SMITH AND DANNY A. SMITH - C/O RICK WHIDDEN An approximate 1.0102 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district) to B-3 (Business district). Applicant desires to be consistent with the Comprehensive Plan and to allow B-3 uses.
Jim Polatty presented petition into the record with mandatory findings. One letter was received from the Mandville family stating concerns. John Borgemeister, representing the petitioner, spoke in favor of the request.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve the rezoning request to B-3 zoning. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 40.
HEARING # 1443 - BRUCE A. & DARLEEN G. WOODMAN - C/O RICK WHIDDEN Parcel six, less the West 700.87 ft. Spring Lake Village III, P.B. 9, Pg. 54, of the Public Records of Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district) to B-3 (Business district). Applicant desires warehouses.
An Analysis of Petitioner’s Proposal was presented by Jim Polatty, Development Services. The proposed land use amendment is not consistent with the amount of commercial allowed by the Binding Letter of Vested Rights. Letters were presented into the record in opposition. See Petition file for copy. BOOK 17 PAGE 316
Motion by Commissioner Canale, seconded by Commissioner Flowers, to deny the rezoning request to B-3 zoning for Hearing #1443.
Rick Whidden, representing the Petitioner, spoke in favor of the zoning request. Shird Moore, owner of warehouses, spoke in opposition to the request. A letter was read into the record from Mike Johnson in opposition to the zoning. Clifford Mitchell spoke in favor of the motion and in opposition to the zoning. Robert Vanasse, Deanna Ashton and Raymond Porter spoke in opposition to the zoning. Upon roll call, all Commissioners voted aye. Motion carried to deny the zoning.
Break 10:00 - 10:15 a.m.
HEARING # CPA - 97-071SS - HAZEL WILLIAMS - C/O ANDY TULLY Harris Lake Placid Campsite, Lots 2 thru 9, Block 2, of Replat per Plat Book 4, Page 35 of the Public Records of Highlands County, Florida. Requesting a Small-Scale Plan amendment from “Medium Density Residential” to “High Density Residential.”
HEARING # 1444 - HAZEL WILLIAMS - C/O ANDY TULLY Harris Lake Placid Campsite, Lots 2 thru 9, Block 2, of Replat per Plat Book 4, Page 35 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) and R-2 (Two Family Dwelling district) to R-3 (Multiple Dwelling district). Applicant desires to make the existing triplex consistent with the zoning district.
Jim Polatty presented an Analysis of Petitioner’s Proposal.
Motion by Commissioner Maxcy, seconded by Commissioner Canale, to approve the rezoning request and the Small Scale Plan Amendment, contingent upon approval from the DCA and adopt two ordinances and resolution after entering into the record the mandatory findings. Letter read into the record from the petitioner, in favor. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 41.
HEARING # CPA - 97-070-LS - C.A.T. RECYCLING - C/O KERRY MCNAMARA Two parcels comprising of approximately 75.6 acres located in Secs. 27 & 34, Twp. 34S, Rge. 29E, Highlands County, Florida. Requesting a large-scale Plan amendment from “Urban Agriculture” to “Industrial.”
Jim Polatty presented petition and recommendations in favor of the Plan amendment. Discussion by the Commission. Wendell Whitehouse, representing the petitioner, presented BOOK 17 PAGE 317 information in favor of the proposed zoning.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to approve the large- scale amendment Hearing CPA-97-070-LS - C.A.T. Recycling for transmittal to DCA, after entering into the record the mandatory findings. Carl Cool presented questions regarding compliance of the landfill and ownership of the property. The Chair opened the floor to the public. Clayton Womer stated concerns for the location site. Comments were received from Ray Napper asking for questions to be answered. Richard Conover spoke in favor of the large-scale amendment. Upon roll call, all Commissioners voted aye. Motion carried. Refer to tape for details. See SMB 29 Page 164 for copy of letter from consultants.
HEARING # CPA - 97-072SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS - C/O JIM POLATTY An approximate .75 acre tract located in Sec. 8, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “Industrial” to “Commercial.” County is initiating this request to bring property in compliance with the Future Land Use Map.
Motion by Commissioner Gose, seconded by Commissioner Canale, to enter into the record, the mandatory findings and to approve the Small Scale Plan Amendment, and adopt Ordinance, contingent upon approval by the DCA. Hank Kowalski suggested a buffer zone due to aesthetics. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING # CPA - 97-073LS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS - C/O JIM POLATTY A parcel comprising of approximately 62.92 acres located in Sec. 18, Twp. 35S, 30E, Highlands County, Florida. Requesting a large-scale Plan amendment from “Industrial” to “General Agriculture.” County is initiating this request to make the Future Land Use Map and zoning consistent. Jim Polatty presented the request for the Board of County Commissioners. No recommendation was presented from the Planning and Zoning Board.
Motion by Commissioner Canale, seconded by Commissioner Maxcy, to approve the large- scale plan amendment to General Agriculture Future Land Use designation with a 500' buffer and the rest of the property to change from Industrial to Agriculture. Mike Swaine, Attorney for Steve Hartt, spoke in opposition to the zoning change to industrial. Commissioner Canale amended the motion to change the buffer to 150 feet and the rest of the property to remain Industrial. Commissioner Maxcy would not accept the amendment. Commissioner Canale withdrew the first motion. Commissioner Maxcy withdrew his second. Commissioner Flowers seconded the amended motion. Upon roll call, all Commissioners voted aye, with the exception of Mr. Maxcy, who voted nay. Motion carried. BOOK 17 PAGE 318
PUBLIC HEARING: CPA-97-074LS - COUNTY INITIATED: A Text Amendment to Infrastructure Element Policies 1.5 and 2.1 of the Comprehensive Plan. To delete Policy 1.5 and merge the requirements of this policy by revising Policy 2.1, to change the requirement for mandatory sewer connections when ½ mile from a central sewer to 1/4 mile, to align this policy with state law that requires package plants when sewage flow exceeds 10,000 gallons per day. To change the maximum number of units or lots allowed before central sewage is mandated from 30 to 40. Planning and Zoning Commission recommended approval of the text amendment, as presented by staff, with the one change from 40 units or lots to 50 units or lots.
Motion by Commissioner Gose, seconded by Commissioner Flowers to accept the Text Amendment to the Infrastructure Element as presented by the Planning and Zoning Commission with the changes. Upon roll call, all Commissioners voted aye. Motion carried.
3. Public hearing to consider a Resolution to close road right of way, Hillside Lake Estates Petition and Proof of Publication presented by the County Engineer, Bill Lecher. See SMB 29 Page 158.
Motion by Commissioner Canale, seconded by Commissioner Gose, to adopt Resolution closing the 50-foot road right-of-way in Hillside Lake Estates, contingent upon the approval of the Board Attorney on the sale. Richard Conover presented questions regarding the correct names on the deed. The Board Attorney asked that the closing take place within thirty (30) days to follow statutes. Irma Ehlert, petitioner, advised that the title of the deed is being corrected. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 42 and SMB 29 Page 159.
4. Vacation of Easement - Leisure Lakes - Lot 20 and 21, Block 109, Lake Hill Drive - Bill Brantley. Proof of Publication entered into the record. See SMB 29 Page 160. Motion by Commissioner Gose, seconded by Commissioner to Maxcy, to waive the agenda to consider request of Bill Brantley for vacation of easement. Upon roll call, all Commissioners voted aye, with the exception of Commissioner Barrett, who abstained due to the applicant being related. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt Resolution to approve vacation of easement for Leisure Lakes, lot 20 and 21, Block 109, Lake Hill Drive. Upon roll call, all Commissioners voted aye with the exception of Commissioner Barrett, who abstained, due to the applicant being related. Motion carried. See Res. Book 11 Page 43 and SMB 29 Page 160. 5. Public hearing to consider amending Chapter 5.5, Land Development BOOK 17 PAGE 319
Regulations, regarding Environmental Clearance provisions Jim Polatty presented requested changes to the ordinance.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to approve the Environmental Clearance Ordinance with the changes as recommended by the Planning and Zoning Commission. See SMB 29 Page 162 for copy of changes. Commissioner Canale amended the motion to add a new number 8. Commissioner Flowers seconded the amendment. Hank Kowalski presented questions. The Board Attorney read the captions of the Ordinance into the record. Upon roll call, all Commissioners voted aye. Motion carried.
6. Public hearing to consider amending Chapter 5.5, Land Development Regulations, regarding Definitions Jim Polatty presented request for approval of an ordinance amending the Land Development Regulations to adopt the Definition article. The Board Attorney read the captions of the Ordinance into the record.
Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt Ordinance containing the definitions as a composite of the Comprehensive Plan, Zoning Ordinance and Land Development Regulations. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 29 Page 163.
7. Adjourn The meeting adjourned at 12:40 p.m. ______Chairperson
Attest: ______Clerk
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BOOK 17 PAGE 345
PUBLIC HEARING OF THE BOARD, AUGUST 26, 1997
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett C Michael Eastman Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth James L Gose Louise Graham David Flowers
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner David Flowers. The Pledge of Allegiance was led by Richard Conover.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. Public hearings to consider proposed small-scale plan amendments and zoning changes The Chair suggested that Hearing #1445 be heard at the end of the agenda at the request of Attorney Wendell Whitehouse.
Proof of Publication for all Hearings entered into the record by Gary Lower. See Proof of Publication Ordinance Book 1 Page 177.
HEARING # CPA - 97-075SS - HIGHLAND FARMS, INC. C/O JOHN SHORT Approximately 9.82 acres located in Section 33, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “General Agriculture” to “Commercial/Industrial Mixed Use.”
HEARING # 1446 - HIGHLAND FARMS, INC. C/O JOHN SHORT Approximately 9.82 acres located in Section 33, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-4 (Business district). Applicant desires commercial truck stop, supplying fuel, food and repair services.
Gary Lower presented an analysis of petitioners’ proposal. The proposed amendment is consistent BOOK 17 PAGE 346 with Comprehensive Plan Policies. No letters were received for or against. Jim Polatty advised that the Planning and Zoning Commission has stated concerns for a truck stop.
Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt Resolution and Ordinance to approve the rezone, contingent upon approval of the Small Scale Plan Amendment, upon entering into the record the mandatory findings. The Chair opened the floor to the public. John Short, representing the petitioner, spoke in favor. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 56.
HEARING # CPA - 97-076SS - JACK L. HILLIARD - C/O JOHN SHORT Tract C, Stump Subdivision, as recorded in Plat Book 4, Page 12 of the Public Records of Highlands County, Florida. Containing approximately 6.35 acres. Requesting a Small-Scale Plan amendment from “General Agriculture” to “High Density Residential.”
HEARING #1447 - JACK L. HILLIARD - C/O JOHN SHORT Tract C, Stump Subdivision, as recorded in Plat Book 4, Page 12 of the Public Records of Highlands County, Florida. Containing approximately 6.35 acres. Requesting a zoning change from CG-1 (Campground district) to RV FUD (RV Park with a Flexible Unit Development). Applicant desires an RV Park.
Gary Lower, Zoning Supervisor, presented an analysis of the petitioners’ proposal. The amendment is consistent with Comprehensive Plan Policies. No letters were received for or against.
Jim Polatty stated that the county has used up the small scale amendment quota for this year. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt Resolution to approve the rezone and adopt Ordinance approving the small scale amendment, upon entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 57.
HEARING #1448 - A. D. ‘DOUG’ BARNES Approximately 62.22 acres located in Sec. 28, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from M-2 (Mobile Home Parks district) to AU (Agriculture). Applicant desires a single family home and to comply with the Future Land Use Map.
Gary Lower presented an analysis of petitioners’ proposal. The proposed AU zoning is consistent with the General Agriculture Future Land Use Map designation. No letters were received for or against.
Motion by Commissioner Canale, seconded by Commissioner Gose, to adopt Resolution after entering the mandatory findings into the public hearing record, and approve the zoning. The Chair BOOK 17 PAGE 347 opened the floor to the public. Hank Kowalski spoke in support of the motion, but would like assurance that the AU use remains the same with the Indian Mound intact. Ron Geer asked that Mr. Kowalski address this issue through Archeological International. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 58.
HEARING #1449 - JOHN BARBEN - C/O SHARMON HILL Lots 22, 23, 24 and the East 20 feet of Childs Ave., Block B, West AP-Mahan Syndicate as recorded in Plat Book 2, Page 68A of the Public Records of Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to I-1 (Industrial district). Applicant desires a carpenter, cabinet and/or repair shop. Also, to comply with the Future Land Use Map.
Gary Lower presented analysis of petitioners’ proposal. The proposed I-1 zoning change is consistent with the Industrial Future Land Use Map designation.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt Resolution approving the I-1 zoning with the condition that there be no vehicular access, except emergency vehicles to Herrick Street south of the property, after entering the mandatory findings into the public hearing record. Direction was asked on the part of the motion regarding the vehicular access. Jim Polatty asked that this portion of the motion be withdrawn. Commissioner Canale excluded that portion of the motion. Commissioner Flowers accepted the exclusion. The Chair opened the floor to the public. Hank Kowalski presented questions on the zoning change. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 59.
5. Public hearing to consider purchase of property It being 9:40 a.m. the Chairman called to order the Orange Blossom Country Club Community Special Tax District Proof of Publication entered into the record. See SMB 29 Page 204. Bill Stephenson, Special Projects Director, presented request for purchase of lots needed for drainage and retention in the Orange Blossom Country Club Community Unit 14. The Board reviewed the valuation of the lots and the purchase price requested. See SMB 29 Page 205. Carl Cool advised that the Board is not compelled to purchase the lots at this time.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to allow staff to negotiate with the property owner to pay 30% over the evaluation to purchase the lots. After Board discussion, the consensus was not to pay the additional money asked by the property owners and to allow Commissioner Canale to check the property values on her computer and report back to the Board. Commissioner Gose also asked that staff check to see if purchasing the lots to pave the road is necessary.
Commissioner Gose withdrew his motion. Commissioner Flowers withdrew his second. BOOK 17 PAGE 348
The Chair closed the public hearing on the Special Tax District and reopened the regular public hearing at 10:00 a.m.
6. Public hearing to consider vacation of a plat - Plat Book 3, Page 63 Proof of Publication entered into the record. See SMB 29 Page 205. Petition presented by Bill Lecher, County Engineer, for the vacation of a portion of a Plat located in the SW 1/4 section 28, Township 33 S. Range 28 East. The owner has granted a 100-foot utility easement to Florida Power for the existing 69 kv transmission line currently located on that property.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt Resolution vacating a portion of the plat located in Plat Book 3 Page 63, as described in the legal description of the petition and to approve the recording of the 100-foot utility easement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 60.
7. Public hearing to consider vacation of easements - Lots 8 & 9, Leisure Lakes Section 6 Proof of Publication entered into the record. See SMB 29 Page 206. The County Engineer presented petition for Paul and Elaine Bryant to vacate the 6-foot utility easement lying each side of the common line dividing Lots 8 & 9 as recorded in Plat Book 6, Page 37.
Motion by Commissioner Gose, seconded by Commissioner Canale, to adopt Resolution to vacate the Utility and Drainage Easement, Leisure Lakes, Section 6. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 61 and SMB 29 Page 207.
8. Public hearing to consider vacation of easements - Lots 6 & 7, Block 61, Unit 5, Sun ‘n Lake Estates Proof of Publication entered into the record. See SMB 29 Page 208. Petition presented by the County Engineer, Bill Lecher.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt Resolution to vacate utility and drainage easements on Lots 6 & 7, Block 61, Unit 5 of Sun’n Lakes Estates. Upon roll call, all Commissioners voted aye, except Commissioner Canale, who abstained, due to being a business partner of Bob Severino. Motion carried. See Res. Book 11 Page 62.
9. Public hearing to consider grant proposal items for the Pearce Homestead Proof of Publication entered into the record by Carl Cool. See SMB 29 Page 209. Mr. Cool reported that this hearing was being held to consider input on a proposed grant being BOOK 17 PAGE 349 submitted for the Pearce Homestead property. Extra points will be received for the grant if public comment is allowed. Mr. Cool explained the grant application in the amount of $50,000.
The Chair opened the floor for public input. 1. Richard Conover presented questions regarding the lease of the property. Carl Cool explained the lease of the two properties. 2. Joan Pflueger spoke in opposition to the development. Staff explained the proposed design. 3. Ronald G. Geer spoke in favor of archeological preservation. 4. Richard Aber, Heartland Environmental Council, spoke in favor of the proposal. 5. Ray Napper spoke in favor and asked questions regarding the stables. 6. Hank Kowalski stated support for the grant. 7. Betty Neale gave a word of reassurance to the concerns. She stated that this proposal will be the first step in the development of a recreational component, which will be a part of the master plan. Its focus is on eco-tourism, nature- based tourism, agri-tourism that seems more natural to the individual and is the appreciation of our natural resources and allowing people the opportunity of learning about our heritage. She invited participation from all parties. Letters were received in support from Hank Kowalski, National Audubon Society and the Highlands County Historic Preservation Commission. Commissioner Gose stated support for the project and asked for matching funds from the Commission if the requirement is necessary for grants in the future.
The Chair closed the public hearing 10:30 a.m.
HEARING #1445 - C.A.T. RECYCLING - C/O KERRY MCNAMARA Two parcels comprising of approximately 75.6 acres located in Secs. 27 & 34, Twp. 34S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from I-2 CU (Industrial district with Conditional Uses district), B-3 (Business district), and AU (Agricultural) to I-2 (Industrial district). Applicant desires a landfill for construction and demolition debris and recycling facility. Jim Polatty presented an analysis of the petitioners’ proposal. The proposed amendment is consistent with the Comprehensive Plan policies.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt Resolution, and approve the rezone with the mandatory findings entered into the record, subject to the approval and effective date of the large scale plan amendment by the DCA. Arlin Johnson stated concerns for the impact on the neighboring area. Jim Polatty, Development Services Director, advised that part of the condition of the approval by the Board of Adjustment was BOOK 17 PAGE 350 a Developers Agreement that would list all these issues and then a public hearing would be held. Ray Napper voiced approval of the zoning. Hank Kowalski asked questions regarding the liner. Carl Cool reported that he still has concerns, but at this point no liner is required. However, studies will be performed. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 63.
Attorney Wendell Whitehouse, representing the petitioner, thanked the Board for moving the agenda item to the end of the meeting.
10. Recess The meeting recessed at 10:40 A.M.
5:30 p.m. - RECONVENE
1. Meeting called to order The meeting was called to order at 5:30 p.m. with the following members present:
J. D. Barrett Carl Cool Jeri Canale Lisa McClelland C. Guy Maxcy James L. Gose David Flowers
2. Public Hearing on Evaluation and Appraisal Report for Highlands County Comprehensive Plan Proof of Publication entered into the record by Jim Polatty, Development Services Director. See SMB 29 Page 210. Mr. Polatty explained that this is the first of a series of public hearings to be held by the County Commissioners to take input on the development of the EAR (Evaluation and Appraisal Report). Florida Statutes mandate that the county develop an EAR every seven (7) years after the Comprehensive Plan is adopted. Highlands County adopted its Comprehensive Plan in 1991 and by January 1, 1998 an EAR must be adopted. If the EAR is not adopted by this date the county cannot amend its Comp Plan. Attachment #1 is the EAR format for nine (9) elements. See SMB 29 Page 211 for copy.
Commissioner Canale discussed the role of the county in the construction of new schools. Carl Cool stated that the School Board will be reviewing with the Board issues in the future.
A. Review outline for each EAR element
B. Review public participation schedule and procedures BOOK 17 PAGE 351
Jim Polatty reviewed Table #1 for schedule of public participation.
C. Open for public input No public input was received.
3. Adjourn The Public Hearing adjourned at 5:50 p.m. ______Chairperson
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, SEPTEMBER 9, 1997
1. The meeting was called to order at 5:30 P.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett C Michael Eastman Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth James L Gose Louise Graham David Flowers Lisa McClelland
The County Administrator advised that this Public Hearing was advertised in the TRIM notice mailed to all taxpayers. It was also posted on the bulletin board. See SMB 30 Page 21 for copy.
2. Public Hearing statement read by Chairperson to identify the millage rate and the purpose of the Public Hearing.
3. Budget presentation by staff Rick Helms, Budget Officer, presented an outline of the budget adoption with a change in the upgrade request for the library. Other specific highlights were reviewed. See SMB 30 Page 22. Rick also mentioned that 1.9 million dollars will be carried over in next years’ budget to take care of Cell B at the Landfill. An additional $56,595.00 will also be received in the State Aid for Libraries Grant and needs to be added to the Library materials. Another item for consideration is an increase in Food Distribution or Commodities in the amount of $9,300.00. The total change equals $63,879,868.00. Carl Cool advised that an increase of one million dollars in the Aquatic Weed Control will also be carried over. These figures can be included in the final budget adoption in two weeks. Fund 115 - Highlands Park Estates will be decertified due to a property purchase by the CARL Program. The assessment will be changed to 0.00.
Commissioner Maxcy presented questions regarding the Tax Collector’s budget, and office furnishings.
4. Public Hearing open to public input discussion and comments. A. Dan Foley, representing the Citrus Growers Association, gave a presentation on increased assessments with the Agriculture Community. He asked that the Commission support a Resolution on an "averaging program." B. Hank Kowalski spoke regarding statutes that speak to decertifying districts when conservation has purchased more than 50% of the property. He requested that Sebring Highlands District be decertified. Mr. Cool BOOK 17 PAGE 368
advised that the rules include when the property has been titled in your name.
5. Motions for adoption of FY 1997-98 Resolutions
A. Millage Resolution Adoption Motion by Canale, seconded by Commissioner Flowers, to adopt Resolution, adopting the millage rate of 8.5 mills as presently contained in the proposed budget for the 1997-98 fiscal year, exceeding the rolled back rate of 8.2199 mills by 3.41%. Upon Roll call, all Commissioners voted aye. The motion carried. See Res. Book 11 Page 77.
B. Tentative Budget Resolution Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt Tentative Resolution, with the changes as proposed adopting the tentative budget for the fiscal year 1997-98 in the sum of $61,913,964.00 for all funds exclusive of service tax districts. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 78.
C. Adoption of Special Taxing Districts
1. Assessment adoption by district
Motion by Commissioner Canale, seconded by Commissioner Maxcy, to approve FY 1997-98 assessment for Fund 100, Sun’n Lakes, Lake Placid at $0.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Canale, to approve FY 1997-98 assessment for Fund 101, Sun’n Lakes, Lake Placid-Fire at $20.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Canale, to approve FY 1997-98 assessment for Fund 102, Desoto City Fire at $ 2.50 per unimproved lot and $20.00 per improved lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve FY 1997-98 assessment for Fund 103, Sebring Highlands at $ 50.00 per lot. BOOK 17 PAGE 369
Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve FY 1997-98 assessment for Fund 104, Orange Villa at $ 30.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 105, Avon Park Lakes at $0.00 per lot or fraction thereof. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Canale, to approve FY 1997-98 assessment for Fund 106, Hickory Hills at $35.00 per lot. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve FY 1997-98 assessment for Fund 107, Placid Lakes at $ 20.00 per lot or fraction thereof. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 108, Sebring Country Estates at $ 6.00 per unimproved lot and $18.00 per improved lot or fraction thereof. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 109, Istokpoga Marsh at $ 4.00 per acre or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to approve FY 1997-98 assessment for Fund 111, Avon Park Estates at $ 25.00 per lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 112, Orange Blossom 8 & 9 at $ 230.00 per lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 113, Highlands Lakes Fire at $ 2.00 per BOOK 17 PAGE 370 unimproved lot, $20.00 per improved lot, $1.50 per unimproved lot in Avon Park Lakes and $5.00 per improved lot in Avon Park Lakes. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve FY 1997-98 assessment for Fund 114, Leisure Lakes Fire at $1.00 per unimproved lot, $20.00 per improved lot, $15.00 per improved Mobile Home Park and Campground lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Maxcy, to approve FY 1997-98 assessment for Fund 115, Highlands Park Estates at $ 0.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Barrett, to approve FY 1997-98 assessment for Fund 116, Highlands Park Fire at $ 2.00 per unimproved lot, $20.00 per improved lot, $15.00 per improved Mobile Home Park and Campground (CG-3) lot, $10.00 per improved Campground (CG-1) Lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve FY 1997-98 assessment for Fund 118, Sebring Hills Light at $2.00 per unimproved lot and $15.00 per improved lot. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 119, Red Hill Farms Improvement District at $15.00 per lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve FY 1997-98 assessment for Fund 125, Orange Blossom #6 at $225.00 per lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 127, Orange Blossom #1-19 at $0.00 per lot. Upon roll call, all Commissioners voted aye. Motion carried. BOOK 17 PAGE 371
Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve FY 1997-98 assessment for Fund 128, Sun’n Lakes-LP Recreation at $25.00 per lot-buildable, $12.50 per lot - non-buildable or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve FY 1997-98 assessment for Fund 132, Orange Blossom Country Club Community at $ 0.00 per lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 134, Sebring Acres at $ 50.00 per lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to approve FY 1997-98 assessment for Fund 135, Orange Blossom #12 at $141.00 per lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 136, Lake Haven Estates at $20.00 per improved lot, $5.00 per unimproved lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Gose, to approve FY 1997-98 assessment for Fund 137, Venus Fire District at $75.00 for land under common ownership less than or equal to 2500 acres; $100.00 for land under common ownership in excess of 2500 acres and less than or equal to 5000 aces; for land under common ownership in excess of 5000 acres; $125.00 for land under common ownership in excess of 5000 acres. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve FY 1997-98 assessment for Fund 138, Lorida Fire District at $35.00 per improved property, $5.00 per non improved property. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve BOOK 17 PAGE 372
FY 1997-98 assessment for Fund 139, Belle Aire Estates at $29.00 per lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried
Be it further resolved, that the service assessments of $3,651, 489 be allocated and budgeted in the manner following:
6. Budget adoption by district
Motion by Commissioner Gose, seconded by Commissioner Canale, to approve the Resolution adopting the budget for fund 100, Sun ‘n Lakes - Lake Placid for
$600,356. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve Resolution adopting the budget for fund 101, Sun ‘n Lakes - Lake Placid Fire for $144,780. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve Resolution adopting the budget for fund 102, Desoto City Fire for $92,737. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose, to approve Resolution adopting the budget for fund 103, Sebring Highlands for $52,393. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve Resolution adopting the budget for fund 104, Orange Villa for $ 3,487. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve Resolution adopting the budget for fund 105, Avon Park Lakes for $-0-. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve Resolution adopting the budget for fund 106, Hickory Hill for $2,328. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve BOOK 17 PAGE 373
Resolution adopting the budget for fund 107, Placid Lakes for $432,209. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve Resolution adopting the budget for fund 108, Sebring Country Estates for $31,707. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve Resolution adopting the budget for fund 109, Istokpoga Marsh for $232,167. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve Resolution adopting the budget for fund 111, Avon Park Estates for $198,352. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve Resolution adopting the budget for fund 112, Orange Blossom #8 & #9 for $29,008. Upon Roll call, all Commissioners voted aye. Motion carried. Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve Resolution adopting the budget for fund 113, Highlands Lakes Fire for $134,974. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve Resolution adopting the budget for fund 114, Leisure Lakes Fire for $65,432. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve Resolution adopting the budget for fund 115, Highlands Park Estates for $137,409. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Gose, to approve Resolution adopting the budget for fund 116, Highlands Park Fire for $42,741. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Canale, to approve Resolution adopting the budget for fund 118, Sebring Hills Light for $44,423. Upon Roll call, all Commissioners voted aye. Motion carried. BOOK 17 PAGE 374
Motion by Commissioner Gose, seconded by Commissioner Canale, to approve Resolution adopting the budget for fund 119, Red Hill Farms Improvement District for $27,480. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve Resolution adopting the budget for fund 125, Orange Blossom #6 for $75.589. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Canale, to approve Resolution adopting the budget for fund 127, Orange Blossom Units #1-19 for $857,956. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Canale, to approve Resolution adopting the budget for fund 128, Sun ‘n Lakes - Lake Placid Recreation for $140,389. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Gose, to approve Resolution adopting the budget for fund 132, Orange Blossom Country Club Community for $55,897. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve Resolution adopting the budget for fund 134, Sebring Acres for $9,500. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Canale, to approve Resolution adopting the budget for fund 135, Orange Blossom #12 for $25,865. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Barrett, to approve Resolution adopting a budget for fund 136, Lake Haven Estates for $8,303. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Maxcy, seconded by Commissioner Barrett, to approve Resolution adopting a budget for fund 137, Venus Fire District, for $47,500. Upon Roll call, all Commissioners voted aye. Motion carried. BOOK 17 PAGE 375
Motion by Commissioner Canale, seconded by Commissioner Gose, to approve Resolution adopting a budget for fund 138, Lorida Fire District, for $142,500. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Canale, seconded by Commissioner Gose, to approve Resolution adopting a budget for fund 138, Belle Aire District, for $16,007. Upon Roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve the Resolution adopting the total budget for $3,651,489. Upon Roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 79.
7. Adjournment The meeting adjourned at 6:50 p.m. ______Chairman Attest: ______Clerk
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BOOK 1 PAGE 550
PUBLIC HEARING OF THE BOARD, SEPTEMBER 15, 1997 ORANGE BLOSSOM UNIT 12 SPECIAL BENEFIT DISTRICT
1. The Public Hearing was called to order at 6:00 P.M. at the Agricultural Center at 4509 West George Blvd., Sebring, Florida with the following members present:
J D Barrett Carl Cool Jeri Canale Thomas Portz Guy Maxcy J Ross Macbeth David Flowers Louise Graham
Commissioner James Gose was not present. Also present from the Board of County Commissioners’ staff were Tim Eures, Emergency Operations Director, William Stephenson, Special Projects Coordinator and Treasa Handley, Assessment Coordinator.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by the Chairperson.
3. Public Hearing Statement read by Chairman, J.D. Barrett.
4. Ms. Treasa Handley, Assessment Coordinator Presentation of Proof of Publication. See SMB 30 Page 25.
5. Mr. Bill Stephenson, Special Projects Director a. Presentation of ballot/survey results
Number of surveys sent Number of surveys returned Returned Percent 172 103 59.9% Yes Votes Yes Percent No Votes No Percents 83 80.6% 20 19.4%
See SMB 30 Page 26.
b. Recommendation of staff
6. Open for Discussion The Board discussed the survey results.
7. Motion for Adoption of Resolution, Assessment Amount, Contracts with Tax BOOK 1 PAGE 551
Collector and Property Appraiser for Administrative Services Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt Resolution, with Certificate, adopting a non-advalorem assessment roll in the amount not to exceed $141.00 per lot or fraction thereof and to approve contracts with the Tax Collector and Property Appraiser for Administrative Services. After discussion, Commissioner Canale withdrew the first motion and made a motion to set the assessment at $83.00 per lot with approval of contracts, Resolution and Certificate. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 80.
Commissioner Maxcy discussed the problems associated with the Commission paying for the Environmental study for Orange Blossom Estates.
8. Adjournment The meeting adjourned at 6:35 p.m. ______Chairperson Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, SEPTEMBER 15, 1997 SUN ‘N LAKE ESTATES AND ACREAGE OF LAKE PLACID
1. The Public Hearing was called to order at 6:35 p.m. at the Agricultural Center at 4509 West George Blvd., Sebring, Florida with all members present:
2. Public Hearing Statement read by Chairman, J.D. Barrett.
3. Ms. Treasa Handley, Assessment Coordinator Presentation of Proof of Publication. See SMB 30 Page 27.
4. Mr. Bill Stephenson, Special Projects Director a. Presentation of ballot/survey results
Number of surveys sent Number of surveys returned Returned Percent 7107 1415 19.9% Yes votes Yes Percent No Votes No Percents 527 37.2% 888 62.8% BOOK 1 PAGE 552
See SMB 30 Page 28. b. Recommendation of staff Tim Eures, Emergency Operations Director, presented recommendations in favor of the assessment. Carl Cool spoke to the Commission regarding the “no” votes in the survey.
5. Open for Discussion A. Jim Penrod, President of the Sun’n Lake, Lake Placid Recreational District, spoke regarding the language of survey letter that was mailed out and in favor of the assessment. B. Bob Kurabieski spoke in favor. C. Don Tousignant spoke in favor. D. Pauline Mungo spoke in favor. E. Myrtle Wolfe spoke in favor. F. Norma Snyder spoke in favor. G. John Pasquino spoke in favor. H. Hank Kowalski stated that not all property owners were notified of the proposed assessment. He spoke in opposition. I. Charles Andrews, Chief of the Fire Department, stated that the Department could not afford two shifts. J. Bernard Lenk stated that not all residents were notified of the proposed assessment and that he is against the assessment.
6. Motion for Adoption of Resolution, Assessment Amount, Contracts with Tax Collector and Property Appraiser for Administrative Services The Chairman passed the gavel to the Vice Chair and made a motion to assess the property owners at $20.00 per improved lot and $10.00 per unimproved lot. No second was received to the motion. The motion died for lack of a second.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to adopt Resolution and Certificate, adopting a non-advalorem assessment roll in the amount not to exceed $9.00 per lot or fraction thereof and approve contracts with the Tax Collector and Property Appraiser for Administrative Services. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 81. 7. Adjournment The meeting adjourned at 7:36 p.m. ______Chairperson Attest: ______Clerk ************************************************************************* BOOK 1 PAGE 553
PUBLIC HEARING OF THE BOARD, SEPTEMBER 15, 1997 LORIDA SPECIAL BENEFIT FIRE DISTRICT
1. The Public Hearing was called to order at 7:45 p.m., at the Agricultural Center at 4509 West George Blvd., Sebring, Florida with all members present:
2. Public Hearing Statement read by Chairman, J.D. Barrett.
3. Ms. Treasa Handley, Assessment Coordinator Presentation of Proof of Publication. See SMB 30 Page 29.
4. Mr. Bill Stephenson, Special Projects Director a. Presentation of ballot/survey results
Number of surveys sent Number of surveys returned Returned percent 6144 1375 22.4%
Yes Votes Yes Percent No Votes No Percents 574 41.7% 801 58.3%
See SMB 30 Page 29. b. Recommendation of staff Tim Eures, Emergency Operations Director, presented a statement noting concerns for the Safety issue if the assessment does not pass.
5. Open for Discussion A. Jack Foreman, Spring Lake, Homeowners Association, spoke in favor of the assessment. B. Grover Johnson presented a statement in favor. C. Jewell Melton also spoke in favor of the assessment. D. Richard Danforth spoke in favor. E. Helen Miller of Spring Lake, presented questions. F. Deborah Fruith spoke in favor. G. Jack Bennion requested a variance to the assessment and was not in favor. H. Gary Hadlock spoke in favor of the assessment. I. Dean Barnett spoke in opposition to the assessment. J. John Moore spoke in favor.
6. Motion for Adoption of Resolution, Assessment Amount, Contracts with Tax Collector and Property Appraiser for Administrative Services BOOK 1 PAGE 554
Chairman Barrett passed the gavel to the Vice-Chair and made a motion to approve the assessment at $35.00 per improved lot and $5.00 per unimproved lot. The motion died for lack of a second.
Motion by Commissioner Canale, seconded by Commissioner Barrett, to adopt Resolution and Certificate, adopting a non-advalorem assessment roll in the amount not to exceed $20.00 per improved lot and $5.00 per unimproved lot or fraction thereof, and to approve contracts with the Tax Collector and Property Appraiser for Administrative Services. The Chair opened the floor to the public to speak on the motion. John Moore and John Field spoke in favor. Dean Barnett spoke in opposition. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. See Res. Book 11 Page. 82. 7. Adjournment The meeting adjourned at 8:52 p.m. ______Chairperson
Attest: ______Clerk ************************************************************************* PUBLIC HEARING OF THE BOARD, SEPTEMBER 15, 1997 VENUS SPECIAL BENEFIT FIRE DISTRICT
1. The Public Hearing was called to order at 8:53 p.m. at the Agricultural Center at 4509 West George Blvd., Sebring, Florida with all members present:
2. Public Hearing Statement read by Chairman, J.D. Barrett.
3. Ms. Treasa Handley, Assessment Coordinator Presentation of Proof of Publication. See SMB 30 Page 30.
4. Mr. Bill Stephenson, Special Projects Director a. Presentation of ballot/survey results
Number of surveys sent Number of surveys returned Returned Percent 795 227 28.6%
Yes Votes Yes Percent No Votes No Percents 37 16.3% 190 83.7% BOOK 1 PAGE 555
See SMB 30 Page 31. b. Recommendation of staff Tim Eures, Emergency Operations Director, presented a statement into the record noting concerns for safety if the assessment does not pass.
5. Open for Discussion A. Gary Merrill presented questions regarding the District. B. Don Neeley, new owner of Delray Plants, advised that his company has installed a fire hydrant to help with the fire protection. C. Virgil C. Wright spoke in opposition to the assessment. D. Dave Strickland also spoke in opposition. E. Mr. Morris stated that he was not in favor of the assessment. F. George Watson spoke in opposition. G. Homer Wilson spoke in opposition. H. James Hill spoke in favor of the assessment and stated that the letter that went out affected the results of the vote.
The Chairman passed the gavel to the vice-chair and made a motion to adopt the assessment as presented with all necessary documents. The motion died for lack of a second.
6. Motion for Adoption of Resolution, Assessment Amount, Contracts with Tax Collector and Property Appraiser for Administrative Services No motion was made and passed for the assessment.
7. Adjournment The meeting adjourned at 9:38 p.m. ______Chairperson Attest: ______Clerk ************************************************************************* PUBLIC HEARING OF THE BOARD, SEPTEMBER 15, 1997 BELLE AIRE ESTATES SPECIAL BENEFIT DISTRICT
1. The Public Hearing was called to order at 9:47 p.m. at the Agricultural Center at 4509 West George Blvd., Sebring, Florida with all members present:
2. Public Hearing Statement read by Chairman, J.D. Barrett. BOOK 1 PAGE 556
3. Ms. Treasa Handley, Assessment Coordinator Presentation of Proof of Publication. See SMB 30 Page 32.
4. Mr. Bill Stephenson, Special Projects Director a. Presentation of ballot/survey results
Number of surveys sent Number of surveys returned Returned Percent 576 86 14.9% Yes Votes Yes Percent No Votes No Percents 34 39.5% 52 60.5%
See SMB 30 Page 33. b. Recommendation of staff Carl Cool, County Administrator, asked that the Board please consider the homes in the area. He suggested that there is no need for an environmental study.
5. Open for Discussion A. Dan Hutchinson spoke in opposition to the assessment. B. Joe Abelow, Co-Receiver for Orange Blossom, presented information received from Marion County regarding Special Tax Districts. See SMB 30 Page 34.
C. Jim Reid spoke in opposition. D. Lyle Halvorsen spoke in opposition to the assessment. E. John McClure, Attorney for Emanuel Tzavares, Petitioner, stated that since the Co-Receiver was not in favor of the environmental study, there was no need to continue with the development. F. Bennie Holton, resident, spoke in opposition.
6. Motion for Adoption of Resolution, Assessment Amount, Contracts with Tax Collector and Property Appraiser for Administrative Services No motion was made and passed for the assessment.
8. Adjournment The meeting adjourned at 10:20 p.m. ______Chairperson
Attest: ______Clerk BOOK 1 PAGE 557
************************************************************************* BOOK 17 PAGE 477
PUBLIC HEARING OF THE BOARD, SEPTEMBER 16, 1997 EVALUATION AND APPRAISAL REPORT (EAR) 1. The Public Hearing was called to order at 5:30 p.m. at the Agricultural Center, 4509 West George Blvd., Sebring, Florida with the following members present:
Jeri Canale Carl Cool James L. Gose Jim Polatty Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett
1. Proof of Publication entered into the record by the County Administrator. See SMB 30 Page 173. This is the final public Hearing to receive input into the development of the Evaluation and Appraisal Report of the Comprehensive Plan.
2. Jim Polatty reviewed the memo to the Board of County Commissioners that presented recommendations from the NRAC regarding the Natural Resources Element of the EAR to the Comprehensive Plan. Changes in Policy 3.7:A included adding words and maintenance after the word acquisition at the end of the first line.
4. The Chair opened the floor to the public. Speaking in favor of the recommendation was Dan Foley. He passed out a memo with suggested language for Objective 3: and Policy 3.7 of the Comp Plan. See SMB 30 Page 174. Other suggestions were presented.
Hank Kowalski, representing the Audubon Society and the Heartland Environmental Council, questioned the validity of the last Public Hearing as to the amount of Board Members present in the last discussion. He also disagreed with adding additional language and maintenance in the motion. Mr. Kowalski went on record to request that the verbiage read as follows:
Upon adoption, the County shall create a restricted Conservation Trust Fund account to be used exclusively for the acquisition of natural resources listed in Policy 3.5B.
Striking all other verbiage. He also expressed concerns with actions taken by NRAC.
Mr. Polatty also presented subcommittee recommendations from NRAC of additional baseline data to be included in Section II of the Natural Resources Element and elsewhere in the EAR as determined appropriate. He also included an amendment to BOOK 17 PAGE 478
add six additional items of baseline data. Staff did not have time to prepare information. His recommendation is to approve Planning and Zoning recommendation, approve NRACs’ recommendation, adjudicate between that one policy and direct staff to make changes in the Natural Resources Element based on the report from NRAC and if other amendments are necessary, the Board may hold another adoption hearing.
5. Duane Neiderman, Development Department, explained the staff recommendations.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt the EAR with the recommendations of Planning and Zoning and the Natural Resources Advisory Commission (NRAC), except the 17 amendments, to delete for the time being until January, when an amended hearing can be held. The Chair opened the floor to the public. Greg Reynolds spoke regarding the amount of funds designated for environmental properties. Dan Foley recommended a change in the December 11, 1997-memo. He did not support the word "alternative" to "sufficient." He recommended approval of staffs’ suggestion. Commissioner Gose amended the motion to leave the verbiage "alternative." Hank Kowalski spoke in opposition. Upon roll call, all Commissioners voted aye. Motion carried.
6. Adjourn The meeting adjourned at 6:20 p.m. ______Chairperson
Attest: ______Clerk
*************************************************************************************************** BOOK 17 PAGE 385
PUBLIC HEARING OF THE BOARD, SEPTEMBER 23, 1997 BUDGET ADOPTION
The Public Hearing was called to order at 5:30 P.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett Carl Cool Jeri Canale Rick Helms James L. Gose J Ross Macbeth David Flowers Louise Graham Lisa McClelland
Commissioner Guy Maxcy was not present for the Public Hearing.
2. Public Hearing statement read by Chairperson to identify the millage rate and the purpose of the Public Hearing.
3. Budget presentation by staff Proof of Publication entered into the record. See SMB 30 Page 53.
Rick Helms, Budget Officer, presented an outline of the final budget adoption with a change in the summary section. Two Firefighter positions were budgeted for the Sun’n Lake of Lake Placid District, based on the approval of the increased assessment. Since the assessment was not approved, the two positions have been deleted. A short slide presentation was given with specific highlights reviewed. The budget includes an increase from the first Public Hearing in the amount of $394,335 bringing the total budget to $67,925,692.
4. Public Hearing open to public input discussion and comments. No public input or comments were received.
5. Motions for adoption of FY 1997-98 Resolutions
A. Millage Resolution Adoption Commissioner Flowers read into the record the Millage Resolution.
Motion by Canale, seconded by Commissioner Gose, to adopt Resolution as read, adopting the millage rate of 8.5 mills as presently contained in the proposed budget for the 1997-98 fiscal year, exceeding the rolled back rate of 8.2199 mills by 3.41%. Motion BOOK 17 PAGE 386 approved by unanimous vote. See Res. Book 11 Page 94.
B. Final Budget Resolution Commissioner Canale read the Final Budget Resolution into the record.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to adopt Final Budget Resolution, with the changes as proposed adopting the final budget for the fiscal year 1997-98 in the sum of $64,503,709.00 for all funds exclusive of service tax districts. Motion approved by unanimous vote. See Res. Book 11 Page 95.
C. Adoption of Special Taxing Districts
1. Assessment adoption by district Commissioner Gose read into the record the Resolution adopting the assessment of the Special Taxing Districts.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to approve FY 1997-98 assessment for the following Special Tax Districts:
FUND DESCRIPTION FY 1997-98 ASSESSMENTS 100 SUN 'N LAKES-LP $ 0.00 PER LOT 101 SUN 'N LAKES-LP-FIRE $ 9.00 PER LOT OR FRACTION THEREOF 102 DESOTO CITY FIRE $ 2.50 PER UNIMPROVED LOT $ 20.00 PER IMPROVED LOT 103 SEBRING HIGHLANDS $ 50.00 PER LOT 104 ORANGE VILLA $ 30.00 PER LOT 105 AVON PARK LAKES $ 0.00 PER LOT OR FRACTION THEREOF 106 HICKORY HILLS $ 35.00 PER LOT 107 PLACID LAKES $ 20.00 PER LOT OR FRACTION THEREOF 108 SEBRING COUNTRY $ 6.00 PER UNIMPROVED LOT ESTATES $ 18.00 PER IMPROVED LOT OR FRACTION THEREOF BOOK 17 PAGE 387
FUND DESCRIPTION FY 1997-98 ASSESSMENTS 109 ISTOKPOGA MARSH $ 4.00 PER ACRE OR FRACTION THEREOF 111 AVON PARK ESTATES $ 25.00 PER LOT OR FRACTION THEREOF 112 ORANGE BLOSSOM #8 & 9 $230.00 PER LOT OR FRACTION THEREOF 113 HIGHLANDS LAKES FIRE $ 2.00 PER UNIMPROVED LOT $ 20.00 PER IMPROVED LOT $ 1.50 PER UNIMPROVED LOT IN AVON PARK LAKES $ 5.00 PER IMPROVED LOT IN AVON PARK LAKES 114 LEISURE LAKES FIRE $ 1.00 PER UNIMPROVED LOT $ 20.00 PER IMPROVED LOT $ 15.00 PER IMPROVED MOBILE HOME PARK & CAMPGROUND LOT 115 HIGHLANDS PARK ESTATES $ 0.00 PER LOT 116 HIGHLANDS PARK FIRE $ 2.00 PER UNIMPROVED LOT $ 20.00 PER IMPROVED LOT $ 15.00 PER IMPROVED MOBILE HOME & CAMPGROUND (CG-3) LOT $ 10.00 PER IMPROVED CAMPGROUND (CG-1) LOT 118 SEBRING HILLS LIGHT $ 2.00 PER UNIMPROVED LOT $ 15.00 PER IMPROVED LOT 119 RED HILL FARMS IMP. DIST. $ 15.00 PER LOT OR FRACTION THEREOF 125 ORANGE BLOSSOM #6 $225.00 PER LOT OR FRACTION THEREOF 127 ORANGE BLOSSOM UNITS $ 0.00 PER LOT 1-19 BOOK 17 PAGE 388
FUND DESCRIPTION FY 1997-98 ASSESSMENTS 128 SUN 'N LAKES-LP $ 25.00 PER LOT - BUILDABLE RECREATION $ 12.50 PER LOT - NON- BUILDABLE OR FRACTION THEREOF 132 ORANGE BLOSSOM $ 0.00 PER LOT OR FRACTION COUNTRY CLUB THEREOF COMMUNITY 134 SEBRING ACRES $ 50.00 PER LOT OR FRACTION THEREOF
135 ORANGE BLOSSOM #12 $ 83.00 PER LOT OR FRACTION THEREOF
136 LAKE HAVEN ESTATES $ 20.00 PER IMPROVED LOT $ 5.00 PER UNIMPROVED LOT OR FRACTION THEREOF
137 VENUS FIRE DISTRICT $ 0.00 FOR LAND UNDER COMMON OWNERSHIP LESS THAN OR EQUAL TO 2500 ACRES; $ 0.00 FOR LAND UNDER COMMON OWNERSHIP IN EXCESS OF 2500 ACRES AND LESS THAN OR EQUAL TO 5000 ACRES; $ 0.00 FOR LAND UNDER COMMON OWNERSHIP IN EXCESS OF 5000 ACRES
138 LORIDA FIRE DISTRICT $ 20.00 PER IMPROVED PROPERTY; $ 5.00 PER NON IMPROVED PROPERTY
139 BELLE AIRE ESTATES $ 0.00 PER LOT OR FRACTION THEREOF
2. Budget Adoption by district
BE IT FURTHER RESOLVED, that the service assessments of $3,421,983 are BOOK 17 PAGE 389 allocated and budgeted in the manner following:
FUND DESCRIPTION FY 1997-98 BUDGET 100 SUN 'N LAKES-LP $600,356 101 SUN 'N LAKES-LP-FIRE 64,860 102 DESOTO CITY FIRE 92,737 103 SEBRING HIGHLANDS 52,393 104 ORANGE VILLA 3,487 105 AVON PARK LAKES -0- 106 HICKORY HILLS 2,328 107 PLACID LAKES 432,209 108 SEBRING COUNTRY 31,707 ESTATES 109 ISTOKPOGA MARSH 232,167 111 AVON PARK ESTATES 198,352 112 ORANGE BLOSSOM 8 & 9 29,008 113 HIGHLANDS LAKES FIRE 134,974 114 LEISURE LAKES FIRE 65,432 115 HIGHLANDS PARK ESTATES 137,409 116 HIGHLANDS PARK FIRE 42,741 118 SEBRING HILLS LIGHT 44,423 119 RED HILL FARMS IMP. DIST. 27,480 125 ORANGE BLOSSOM #6 75,589 127 ORANGE BLOSSOM UNITS 857,956 1-19 128 SUN 'N LAKES-LP 140,389 RECREATION BOOK 17 PAGE 390
FUND DESCRIPTION FY 1997-98 BUDGET 132 ORANGE BLOSSOM 55,897 COUNTRY CLUB COMMUNITY 134 SEBRING ACRES 9,500 135 ORANGE BLOSSOM #12 16,152 136 LAKE HAVEN ESTATES 8,303 137 VENUS FIRE DISTRICT -0- 138 LORIDA FIRE DISTRICT 66,134 139 BELLE AIRE ESTATES -0- TOTAL 3,421,983
Motion approved by unanimous vote. See Res. Book 11 Page 96.
D. Resolution for adoption of budget changes Chairman Barrett read the Resolution into the record.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt Resolution incorporating the changes into the final document. Motion approved by unanimous vote. See Res. Book 11 Page 97.
7. Adjournment The meeting adjourned at 6:20 p.m. ______Chairman Attest: ______Clerk
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BOOK 17 PAGE 383
PUBLIC HEARING OF THE BOARD, SEPTEMBER 23, 1997
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present: J D Barrett C Michael Eastman Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth James L Gose Louise Graham David Flowers
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner David Flowers. The Pledge of Allegiance was led by Richard Conover.
3. Announcements: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Mr. Maxcy advised that he will not be available for the budget hearing scheduled for 5:30 p.m. tonight. Mr. Gose also asked that the meeting of the September 30 agenda be filled with as many business items as possible, since he will be leaving the October 7th meeting at 10:30 a.m.
Carl Cool reported that he has received a letter from the Venus Fire Department requesting a meeting with the Board of Supervisors of the District. The meeting to be held on September 30, 1997, and the request is for funding for the Fire Department. It was a consensus of the Board to instruct staff to advertise the special meeting. Commissioner Maxcy also requested that staff research information that was brought out at the last public hearing, regarding surplus equipment that may be available from a former military base.
4. Public Hearing for closing a 50' road right of way in Hillside Lake Estates Proof of Publication entered into the record by the County Engineer. See SMB 30 Page 51. Motion by Commissioner Canale, seconded by Commissioner Maxcy, to adopt Resolution closing the 50' road right of way located in Hillside Lake Estates.
The Chair opened the floor for discussion. Richard Arabinko requested the name of the road to be closed. Staff advised that it is an unnamed road. Erma Ehlert thanked the Board members for giving her the second chance to bring this to closure. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 93 and SMB 30 Page 52. BOOK 17 PAGE 384
5. Adjourn The meeting adjourned at 9:15 a.m.
______Chairperson
Attest: ______Clerk
************************************************************************** BOOK 17 PAGE 420
PUBLIC HEARING OF THE BOARD, OCTOBER 14, 1997 EVALUATION AND APPRAISAL REPORT
1. The meeting was called to order at 5:40 P. M. in the Sun’n Lake Community Center at 3500 Edgewater Drive, Sebring, Florida with the following members present:
J D Barrett-Commissioner Carl Cool- County Administrator Jeri Canale-Commissioner Duane Neiderman-Planning Staff Guy Maxcy-Commissioner Kirk Crane- Planning Staff David Flowers-Commissioner Louise Graham-Deputy Clerk
Commissioner James Gose was not present. Also, present from the public was Dan Foley and Edith Gonzalez.
2. The Chair announced that the purpose of this public hearing is to receive input and address issues pertaining to the Evaluation and Appraisal Report (EAR) for the Highlands County Comprehensive Plan, consistent with the requirements of Florida Statutes.
3. Proof of Publication entered into the record. See SMB 30 Page 74.
4. Discussion The Chair spoke to the issue of the amount of Mobile Homes and RV Parks in Highlands County. Carl Cool stated that to enhance economic benefits we need to provide affordable Housing. However, 11% of homes in Highlands County are Mobile Homes. Land tax paid by Mobile Home owners is only 2.9%. We need to look to the future and decide where we want to be. These hearings are for providing input regarding zoning issues. The Chair suggested a study to determine the economic impact of mobile homes to the future. Commissioner Flowers stated that he opposed the construction of any other Mobile Homes on U.S. 27. He suggested that developments such as Crystal Lake and Highlands Ridge are ideal subdivisions for mobile homes.
Commissioner Maxcy spoke in opposition to placing a moratorium on mobile homes. He asked for a chart that would determine the impact of mobile homes to the community. Carl Cool spoke to the issue of making changes to the community if we decide that we want opportunities to develop for the younger generation.
5. Public Input was received from Edith Gonzalez regarding the population figure in Highlands County and the depreciation factor of Mobile Homes. Dan Foley also BOOK 17 PAGE 421
spoke on the depreciation and the amount of taxes paid by the Agriculture community. It was a consensus that staff bring back additional information for the next public hearing in Lake Placid.
Commissioner Canale left the meeting at 6:35 p.m.
6. Adjourn The meeting adjourned at 6:40 p.m. ______Chairperson
Attest: ______Clerk
************************************************************************ BOOK 17 PAGE 430
PUBLIC HEARING OF THE BOARD, OCTOBER 28, 1997
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
J D Barrett C Michael Eastman Jeri Canale Carl Cool Guy Maxcy J Ross Macbeth David Flowers Louise Graham
Commissioner James Gose was not present.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Richard Conover.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Special remembrance was given to the family of Dr. Charles Akes in his passing. Dr. Akes was the Co-Medical Director for Highlands County EMS for ten years. Mr. Cool also reported on a meeting with the representatives of the Health Department and other staff members. The death of the 14-year-old boy who lived in Lake Placid was discussed. His death resulted from a rare form of encephalitis, not the St. Louis type. The Health Department did not recommend that the County move into an aggressive spray program. The recommendation was to wear long clothing and use mosquito repellant.
4. Public hearing to consider proposed zoning change NEW BUSINESS: HEARING #1450 - ALLEN P. & ESTHER O. COOPER Approximately 1.205 acres located in Sec. 9, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from I-2 (Industrial district) to B-3 (Business district). The applicant desires a retail furniture showroom. Proof of Publication entered into the record by Jim Polatty, Development Service Director. See SMB 30 Page 90. Analysis of Petitioner’s Proposal was reviewed. The existing I-2 and the proposed B-3 zoning change are consistent with the Commercial/Industrial Mixed Use Future Land Use Map designation.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to approve the B-3 zoning resolution after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 112. BOOK 17 PAGE 431
5. Public hearing to consider an ordinance amending Chapter 5.5, relating to building code Proof of Publication entered into the record. See Proof of Pub Ordinance Book 1 Page 178. Captions of the ordinance read into the record and explained by the Board Attorney as housekeeping updates.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt Ordinance to amend a part of section one, Article six, Chapter 5.5 of the Code of Ordinances, relating to the Building Code. Upon roll call, all Commissioners voted aye. Motion carried.
6. Public hearing to consider issuance by Lee County of single family mortgage revenue bonds Proof of Publication entered into the record. See SMB 30 Page 91. The County Administrator explained the 1998 Lee County Housing Finance Authority’s Single Family Bond Program. He also introduced Philip Harloff, of the Raymond James Corporation. Mr. Harloff advised that the program has worked well and does not constitute a liability for Highlands County. In fact it has made $3,800 for the County.
Motion by Commissioner Canale, seconded by Commissioner Maxcy, to adopt Resolution with Exhibit “A” attached, approving the issuance by the Housing Finance Authority of Lee County of its Single Family Mortgage Revenue bonds in the aggregate amount not to exceed $70,000,000 to provide funds to finance single family mortgage loans. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 113.
7. Public hearing to consider purchase of property in Orange Blossom Country Club Community Proof of Publication entered into the record by Bill Stephenson, Special Projects Director. See SMB 30 Page 92. Mr. Stephenson advised that a discussion was held two months ago on the purchase of these properties for drainage purposes. He has negotiated with the property owners for the lowest price obtainable. The County Administrator stated that lots are retention areas that Chastain Skillman identified for the Tax District in case they decide to pave the roads. Commissioner Canale provided a comparative market analysis of the lots. She presented a suggested price for each property.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to direct Mr. Stephenson to offer the suggested prices to the property owners for lots in Orange Blossom Country Club Community. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 30 Page 93 for copy of prices.
8. Public hearing to consider adoption of Expedited Permitting System Proof of Publication entered into the record by Jim Polatty, Development Services Director. See SMB 30 Page 94. Mr. Polatty explained the Resolution in support of participating in the Expedited BOOK 17 PAGE 432
Permitting review process for significant economic development projects.
Motion by Commissioner Maxcy, seconded by Commissioner Canale, to adopt Resolution and agree to participate in Florida’s Expedited Permitting Review Process on a project by project basis by executing a Standard Form Memorandum of Agreement for each project with the Office of Tourism. The Chair opened the floor to the public. Hank Kowalski presented questions regarding the impact to endangered species and the Comprehensive Plan. Staff reassured Mr. Kowalski that it only speeds up the process. It will not reduce any rules or regulations. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 114.
9. Public hearing regarding settling the administrative hearing case between DCA and Highlands County on Comprehensive Plan amendments 95-1 and 95-2 Proof of Publication entered into the record by Jim Polatty, Development Services Director. See SMB 30 Page 95. Mr. Polatty presented an overhead transparency and briefly explained the necessary changes in the zoning code to comply with the Comprehensive Plan. See SMB 30 Page 96 for copy of strategies. The settlement proposes to include more than 700 properties and parts of subdivisions on the Future Land Use Map and adopt five acres as the minimum lot size in the General Agriculture FLUM category.
Motion by Commissioner Canale, seconded by Commissioner Flowers to approve settlement for the administration hearing case between DCA and Highlands County pertaining to Comprehensive Plan Amendments DCA 95-1 and 95-2. The Chair opened the floor to the public. Hank Kowalski entered a letter into the record addressed to the NRAC from Tom Bancroft, Past Director of the MacArthur Agro-ecology Research Center, stating concern for certain properties on the Conservation Map. Mr. Kowalski stated that the Heartland Environmental Council and the Audubon Society also concur with Tom Bancroft on the properties, and ask that they be removed. See SMB 30 Page 96 for copy. Dan Foley spoke in favor of the motion and in opposition to Mr. Kowalski’s statement. Upon roll call, all Commissioners voted aye. Motion carried.
10. Public hearing to consider purchase of property for Leisure Lakes Volunteer Fire Department Proof of Publication entered into the record by Tim Eures, Emergency Operations Director. See SMB 30 Page 97. Mr. Eures presented the request to move forward in purchasing land that is contiguous to existing property for future expansion of the station. The subject property is listed at $22,500. Commissioner Canale questioned why the county has not offered to buy the property at $20,000. The Board Attorney advised that if no contract is in place we will have to bid at the auction in November.
Motion by Commissioner Canale, seconded by Commissioner Flowers, to offer $20,000 for the purchase of the 2.6 acres of land behind Fire Station 29 in Leisure Lakes and if not acceptable to proceed with the original offer within 24 hours. The Board discussed the motion and Mr. Macbeth BOOK 17 PAGE 433 advised that the trustees for the property are in three different states and it will take time to get an answer to this offer. The Chair opened the floor to the public. Richard Conover spoke in opposition to the motion. Jeff Parker spoke in opposition to the motion and in favor of the purchase.
Commissioner Canale withdrew her motion and Commissioner Flowers withdrew his second.
Motion by Commissioner Flowers, seconded by Commissioner Canale, to purchase the 2.6 acres of land behind Fire Station 29 in Leisure Lakes to build a new station that will accommodate modern fire fighting equipment at the listed price of $22,500. The motion also to include the authority for the Chairman to sign the contract when received. The Chair opened the floor to the public on the motion. Clayton Womer spoke in favor of the motion. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. See SMB 30 Page 98.
11. ADJOURN The meeting adjourned at 10:45 a.m. ______Chairperson
Attest: ______Clerk
******************************************************************************* BOOK 17 PAGE 450
PUBLIC HEARING OF THE BOARD, NOVEMBER 18, 1997
1. The Public Hearing was called to order at 5:30 P.M. at the Lake Placid Town Hall, 51 Park Drive, Lake Placid, Florida with the following members present:
James Gose Carl Cool C Guy Maxcy Jim Polatty J D Barrett Duane Neiderman Kirk Crane
Other participants included: Dan Foley, Citrus Growers Association Hank Kowalski, Audubon Society Greg Reynolds Kris Delaney Pam Barrett
2. Evaluation and Appraisal Report Jim Polatty, Development Services Director, entered the proof of publication and began the discussion. See SMB 30 Page 136. Mr. Polatty explained that the EAR is to be adopted December 16, 1997 at the Agricultural Center.
” Explained that DCA will be late in their response to the draft EAR. (Draft submitted October 1, 1997). ” The County will proceed with adopting the EAR on December 16, 1997. ” DCA has 45 days to reply regarding sufficiency. ” Stated NRAC met on the EAR and a subcommittee will meet Wednesday, November 19, 1997 to resolve concerns. ” EAR based amendments to be initiated within one year(draft amendments June, transmitted in July).
Discussion open to Public: Dan Foley expressed concerns. See SMB 30 Page 137 for copy of submitted text. Greg Reynolds urged the Commission to consider Dan Foley’s recommendations. Hank Kowalski totally disagreed with Foley and Reynolds. He referenced John Williams growth report as concerns of ad hoc committee. ” Expressed concerns - FLUM Element, page 30 reference cutthroat grass seeps . . . source of data? Mapped? Requested that Bombing Range, Archibold, McArthur Ranch and Buck Island Ranch be removed from FLUM as conservation. He felt not an accurate description of conservation in perpetuity. ” Questioned why Sun’n Lake - Lake Placid not included in Sewer System Table Page 4; FLUM Page 102, policy 9.4 . . . Reference to "protection of BOOK 17 PAGE 451
Arbuckle Creek." Recommended "Save our Rivers program for Arbuckle. ” felt citrus use is polluting Arbuckle Creek ” felt Sebring is dumping sewage into Lake Jackson ” He will present issues again at December 16, 1997 meeting.
Kris Delaney: Spoke in favor of preserving natural environment and securing additional natural areas. However, he felt that local government must take it on themselves to do the job, and state agencies are not doing the job. The county needs to act in order to preserve what "little" prime land remains. He expressed need for "quality data" specifically oriented to Highlands County . . . data sited in EAR too general, listing species "not" in county. Reviewed NRE pages 18-21.
Referenced April 1996 issue of "Florida Endangered Species" list as official source of data published by the FGFWFC. Urged using current resources and data from Archibold and USFWS. ” felt growth is overwhelming the County ” nutrient run off from development into lakes a serious problem ” felt the need to secure accurate information where we are not meeting natural resource changes . . . especially with changes in 163, FS and 9J-5 FAC. For example: What has been lost due to number of building permits; amount of land in acres and to what use. He offered to assist in correcting insufficient data but did not specify how.
Discussion returned to the Board: Jim Polatty responded to Board questions;
Commissioner Gose asked the purpose for having the Bombing Range, McArthur Ranch and Buck Island Ranch on the FLUM. Mr. Polatty explained that the FLUM designation is "Conservation/Managed Lands" and this designation encourages the different uses exercised on the cited properties . . . that a further differentiation is being considered to respond to the existing uses on these properties. ” Also, the tax status is reflected by their being on the FLUM, and initially placed on the FLUM by the authors of the adopted 1991 Plan (Adley and Associates) ” Commented that Kris Delaney felt that the C&S Conservation Map was the "best" environmental work in the state, and that the county is using the data generated by that map.
Jim Polatty also mentioned that EDC is preparing recommendations for a public industrial park in the county. ” Also, revised data on mobile homes in the county has been completed regarding vacant properties and existing properties.
Jim Polatty briefly reviewed revision in the recommended amendments in Sections VIII of each EAR Element. BOOK 17 PAGE 452
” The use of alternate funding mechanism for land acquisition - not solely the county providing the funds. ” Creation of a Recreation and Parks Advisory Commission
John D. Barrett left the Public Hearing at 6:40 p.m. A quorum was no longer present.
Further discussion ensued regarding the need for "maintenance" issues on acquired conservation lands . . . Need to consider maintenances costs in Conservation Trust Fund . . .
Hank Kowalski objected to the removal of reference to "County" in the search for alternate funding mechanisms.
The meeting adjourned at 6:48 p.m. ______Chairperson
Attest: ______Clerk
**************************************************************************************************** BOOK 17 PAGE 453
PUBLIC HEARING OF THE BOARD, NOVEMBER 25, 1997
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present: Jeri Canale Carl Cool James L. Gose C Michael Eastman C Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett
2. Invocation and Pledge of Allegiance The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Richard Conover.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. Public hearings to consider zoning changes and small-scale plan amendment Proof of Publication for all Hearings entered into the record by the Development Services Director, Jim Polatty. See SMB 30 Page 138.
NEW BUSINESS: HEARING #1451 - TDN, INC. C/O PETE BELL Approximately 5.4 acres, located in Sec. 09, Twp. 35S, Rge.29E, Highlands County, Florida. Requesting a zoning change from B-3 (Business district) to B-3 PD (Business district with a Planned Development district). The applicant desires to provide relief from the minimum lot size and width requirements of the existing B-3 zoning classification. . Mr. Polatty presented Analysis of the Petitioner’s Proposal.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to accept the recommendations of the Planning and Zoning Board and approve the B-3 PD zoning resolution, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 123.
HEARING #CPA - 97-077SS - DALE & SHIRLEY SHIELDS - C/O RICK URBAN This item was withdrawn.
HEARING #1452 - DALE & SHIRLEY SHIELDS - C/O RICK URBAN This item was withdrawn. BOOK 17 PAGE 454
HEARING #1453 - SPRING LAKE CLUB INC. - C/O RICK WHIDDEN Approximately 30.59 acres located in Secs. 15 & 16, Twp. 35S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) and AU (Agricultural) to AU (Agricultural) and R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires multiple family golf villas.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to enter the mandatory findings into the record and to approve the AU and R-3 FUD zoning resolution. The Chair opened the floor to the public. Rick Whidden, representing the petitioner, presented questions regarding the Binding Letter requirement. The Chair instructed Mr. Cool to review with staff the enforcement of the requirement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 124.
5. Public hearing to consider closing a road and adoption of resolution Proof of Publication and request entered into the record by the County Engineer. See SMB 30 Page 140.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt Resolution closing the road right of way for Marvin Kahn and waive the $200.00 review fee for the vacation. The Chair opened the floor to the public. Marvin Kahn thanked the Board for their consideration. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 125.
6. Public hearing to consider vacation of plat - various lots in Unit 9 & 12, Sun ‘n Lake of Sebring Proof of Publication and petition entered into the record by the County Engineer. See SMB 30 Page 150.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to adopt Resolution vacating portions of Unit 9 and 12 located in Sun’n Lake Estates. Jeri Canale, Chairperson, disclosed for the record, a voting conflict, due to Robert E Severino, President of Sun’n Lake Properties, Inc. being a business associate. The Chair opened the floor to the public. Dale Polston, Engineer for the District, presented information regarding the plat. Upon roll call, all Commissioners voted aye, except Commissioner Canale, who abstained, due to employment with the District. Motion carried. See Res. Book 11 Page 126 and SMB 30 Page 141 for copy of voting conflict.
7. Public hearing to consider an ordinance amending Sections 11.5-21 and 11.5-22 regarding water service for Hiway Park and Tomoka Heights BOOK 17 PAGE 455
Proof of Publication entered into the record by the County Engineer. See SMB 30 Page 142. Mr. Lecher explained that the purpose of this ordinance was to adopt a fee structure and no changes are recommended in the fees. A meeting was held with residents of this area and no objections were received. Motion by Commissioner Barrett, seconded by Commissioner Gose, to adopt ordinance amending sections 11.521 and 11.5-22 of the Code of Ordinances providing for water service, rates, fees, charges and conditions for the Hiway Park and Tomoka Heights areas as designated. Upon roll call, all Commissioners voted aye. Motion carried. Bill Lecher updated the Board on the utility service completion.
The Chair asked that each Board member select six appointments from the list of designated committees and return to her for appointment.
8. ADJOURN The meeting adjourned at 9:36 p.m. ______Chairperson
Attest: ______Clerk
*************************************************************************
BOOK 17 PAGE 477
PUBLIC HEARING OF THE BOARD, SEPTEMBER 16, 1997 EVALUATION AND APPRAISAL REPORT (EAR) 1. The Public Hearing was called to order at 5:30 p.m. at the Agricultural Center, 4509 West George Blvd., Sebring, Florida with the following members present:
Jeri Canale Carl Cool James L. Gose Jim Polatty Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett
1. Proof of Publication entered into the record by the County Administrator. See SMB 30 Page 173. This is the final public Hearing to receive input into the development of the Evaluation and Appraisal Report of the Comprehensive Plan.
2. Jim Polatty reviewed the memo to the Board of County Commissioners that presented recommendations from the NRAC regarding the Natural Resources Element of the EAR to the Comprehensive Plan. Changes in Policy 3.7:A included adding words and maintenance after the word acquisition at the end of the first line.
4. The Chair opened the floor to the public. Speaking in favor of the recommendation was Dan Foley. He passed out a memo with suggested language for Objective 3: and Policy 3.7 of the Comp Plan. See SMB 30 Page 174. Other suggestions were presented.
Hank Kowalski, representing the Audubon Society and the Heartland Environmental Council, questioned the validity of the last Public Hearing as to the amount of Board Members present in the last discussion. He also disagreed with adding additional language and maintenance in the motion. Mr. Kowalski went on record to request that the verbiage read as follows:
Upon adoption, the County shall create a restricted Conservation Trust Fund account to be used exclusively for the acquisition of natural resources listed in Policy 3.5B.
Striking all other verbiage. He also expressed concerns with actions taken by NRAC.
Mr. Polatty also presented subcommittee recommendations from NRAC of additional baseline data to be included in Section II of the Natural Resources Element and elsewhere in the EAR as determined appropriate. He also included an amendment to BOOK 17 PAGE 478
add six additional items of baseline data. Staff did not have time to prepare information. His recommendation is to approve Planning and Zoning recommendation, approve NRACs’ recommendation, adjudicate between that one policy and direct staff to make changes in the Natural Resources Element based on the report from NRAC and if other amendments are necessary, the Board may hold another adoption hearing.
5. Duane Neiderman, Development Department, explained the staff recommendations.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt the EAR with the recommendations of Planning and Zoning and the Natural Resources Advisory Commission (NRAC), except the 17 amendments, to delete for the time being until January, when an amended hearing can be held. The Chair opened the floor to the public. Greg Reynolds spoke regarding the amount of funds designated for environmental properties. Dan Foley recommended a change in the December 11, 1997-memo. He did not support the word "alternative" to "sufficient." He recommended approval of staffs’ suggestion. Commissioner Gose amended the motion to leave the verbiage "alternative." Hank Kowalski spoke in opposition. Upon roll call, all Commissioners voted aye. Motion carried.
6. Adjourn The meeting adjourned at 6:20 p.m. ______Chairperson
Attest: ______Clerk
*************************************************************************************************** BOOK 17 PAGE 497
PUBLIC HEARING OF THE BOARD, JANUARY 27, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present: Jeri Canale Carl Cool James L. Gose C Michael Eastman C Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett
2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Commissioner David Flowers. The Pledge of Allegiance was led by the Chair, Jeri Canale.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. Public hearings to consider zoning changes: NEW BUSINESS: HEARING #1455 - GLEN CLEMENS C/O RICK WHIDDEN Approximately 3.82 acres, located in Sec. 28, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Proof of Publication entered into the record by the Development Services Director. See SMB 31 Page 1.
Jim Polatty presented an analysis of the Petitioners’s proposal with staff recommendations. Motion by Commissioner Barrett, seconded by Commissioner Flowers, to adopt Resolution after entering the mandatory findings into the public record and approve the R-3 FUD zoning. The Chair opened the floor to the public. Stan Meddles read a letter into the record from the residents that live on the road stating opposition to the damage that will be caused from the construction trucks. He suggested that an escrow agreement be set up to take care of any deterioration. Rick Whidden, representing the petitioner, stated that the developer will repair the road if it is damaged. The Board Attorney suggested that this issue be addressed through the issuance of the C.O. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to authorize the County BOOK 17 PAGE 498
Engineer to survey the road before the construction. At the end of the construction the Engineer is to go out and make sure the road is in the same condition as before the issuance of the C.O. Gabriel Reed asked if the County has a policy where drainage is considered. Staff advised that it is addressed through the LDR’s. Harold Owen presented questions regarding the inspections. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 140.
HEARING # CPA - 98-078SS - J. M. WHITAKER C/O HIGHLANDS COUNTY SCHOOL BOARD C/O MCCOLLUM, OBERHAUSEN & TUCK, L.L.P.
HEARING #1456 - J. M. WHITAKER C/O HIGHLANDS COUNTY SCHOOL BOARD C/O MCCOLLUM, OBERHAUSEN & TUCK, L.L.P. Postponed
5. Public hearing to consider an ordinance amending chapter 12, regarding Zoning Code text changes Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 3. Mr. Polatty briefly explained the proposed changes and read the captions of the ordinance into the record. This is the first of two public hearings for the adoption of this ordinance. The Chair opened the floor to the public. No one spoke for or against the proposed adoption.
6. Public hearing to consider an ordinance establishing Lake Placid Special Benefit Fire District Tim Eures, Emergency Operations Director, presented the petition and proof of publication into the record. See Proof of Pub Ordinance Book 2 Page 4. This District will provide fire protection in the unincorporated area of Lake Placid, contiguous with the Special Benefit Fire Districts of Leisure Lakes, Highlands Park, and Sun ‘n Lakes. Ross Macbeth read into the record the captions of the ordinance. Lex Cauffield, Fire Chief, explained the necessity for the ordinance. Treasa Handley, Assessment Coordinator, explained the deadline for the assessment schedule. The Board discussed the proposed ordinance and requested a plan from the Chief. The Chair opened the floor to the public. Jim Cash asked that more information be given to the public. Harry Mottinger stated that he will be visiting all the homeowners and present information. Bill Stephenson explained the procedure for setting up a Special Tax District.
Break 10:20 a.m. - 10:30 a.m.
Clint Smith, speaking as a resident, entered into the record a Memorandum of Understanding, from the Lake Placid Volunteer Fire Department, with the signatures of the Vice Chair of the Board of County Commissioners and Lex Cauffield as Chief of the Lake Placid Fire BOOK 17 PAGE 499
Department. Mr. Smith noted that Mr. Cauffield did not represent the Town of Lake Placid and questioned the validity of the agreement. See SMB 31 Page 2. Mr. Smith also presented other information in opposition to the Special Tax District. Clayton Womer spoke in favor of the Tax District but suggested that the Town of Lake Placid should be included. Ross Macbeth stated that an Interlocal agreement could be set up with the Town of Lake Placid if they wish to change their way of funding. Harry Mottinger stated that this information has been presented to the Town. The County Administrator suggested verbiage to change the ordinance. No action was taken. Jim Cash asked that the Board table this item for more information.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt ordinance establishing the Lake Placid Special Benefit Fire District. Ross Macbeth suggested the Board consider the modifications to Florida Statutes. Commissioner Gose amended the motion to include the changes as read into the record by the Board Attorney. The Chair called for input on the motion. No one spoke for or against. Upon roll call, all Commissioners voted aye, except Commissioner Canale who voted nay. Motion carried.
7. Public hearing to consider purchase of land in Red Hill Farms Improvement District Bill Stephenson presented request for purchase of land in the Red Hill Farm Improvement District. Proof of Publication entered into the record. See SMB 31 Page 2. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve purchase from John Fleming for the North 30 feet of the South 175 feet of Lots 2 and 13, Block 12 of Avon Park Estates, Unit III in the amount of $750.00 Upon roll call, all Commissioners voted aye. Motion carried.
8. Public hearing to consider vacating a plat - Town of Harding, Section One Proof of Publication and petition entered into the record by Bill Lecher, County Engineer. See SMB 31 Page 3. The legal description excluded the portion currently used as a county road on the south side of the plat.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to adopt Resolution vacating Section 1, Town of Harding according to the Plat recorded in Plat Book 1, Page 103, being a subdivision of the southeast one-quarter (1/4) of Section 22, Township 37 South, Range 33 East, lying and being in Highlands County, less and except the South 30.00 feet for county road right of way. Mr. Perry Smith, Petitioner, spoke in favor. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 141 and SMB 31 Page 4. BOOK 17 PAGE 500
9. Public hearing to consider an ordinance adopting amendments to the Comprehensive Plan text and Comprehensive Plan Future Land Use Map Request to adopt ordinance effecting the stipulated settlement agreement for Comprehensive Plan amendments (DCA 95-1 and DCA 95-2); DOAH Case No. 95-6178GM and DOAH Case No.96-0975GM, between Highlands County, Florida Department of Community Affairs and Heartland Environmental Council. The Development Services Director presented an explanation of the ordinance.
Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 5. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt by ordinance the Compliance Agreement amending the Future Land Use Element, the Infrastructure Element and the Future Land Use Map (FLUM) of the Highlands County Comprehensive Plan as required by the Compliance Agreement with the Department of Community Affairs to settle Department of Community Affairs and Heartland Environmental Council vs. Highlands County, DOAH Case 95-6178, and Department of Community Affairs vs. Highlands County, DOAH Case No. 96-0975 GM, Stipulated Settlement Agreement for DCA 95-1 and 95-2. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan file for copy.
10. ADJOURN The meeting adjourned at 11:30 a.m. ______Chairperson
Attest: ______Clerk
***************************************************************** BOOK 17 PAGE 525
PUBLIC HEARING OF THE BOARD, FEBRUARY 24, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present: Jeri Canale Carl Cool James L. Gose C Michael Eastman C Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett
2. Invocation and Pledge of Allegiance The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Richard Conover.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Mr. Cool also suggested that the public may park in the shell parking lot. It is scheduled for paving by Macasphalt.
A. Update on Lake Level Assessment Clell Ford, Lakes Manager, presented an update on the lake levels in Highlands County. See SMB 31 Page 54. He stated concern for the water moving out of Lake Sebring and Little Red Water and moving in to Lake Bonnet. Looking at the current level relative to the SFWMD adopted warning levels, Lake Jackson is still above the 10 year flood warning level but has come down a fair amount. Josephine is not in trouble at all. Little Red Water has come up above the ten year Flood warning level and that is some concern. Lake Francis is not an issue. An action was taken with Lake Jackson on Friday. Road and Bridge went in and removed the carp fence from structure number one. The structure was designed to flow water out at a center elevation. It was not working properly and was restricting the flow of water from 50,000 to 70,000 gallons per minute. With the removal of the fence the water is flowing at 20,000 gallons per minute. Road and Bridge performed other maintenance that increased the flow out of Lake Jackson.
Commissioner Gose stated concern for over pumping the lakes, and suggested that staff consider replacing the Carp structure and to discontinue the pumping. Carl Cool reported that a good indication will be when the water is down at the structure on Tubbs Road. Tom Portz presented an outline of the impact that the storm has caused to Highlands County. Mr. Cool reported that the county has requested 855,000.00 from FEMA to repair roads and damaged areas in the unincorporated area. The Board commended staff for their efforts in the emergency.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to set the agenda with the emergency Resolution 98-20 as a prelude to the Public Hearings. Upon roll call, all Commissioners voted aye. Motion carried. BOOK 17 PAGE 526
Motion by Commissioner Gose, seconded by Commissioner Flowers, to extend the local emergency, and adopt Resolution 98-20 requesting assistance for another seven days. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 152.
4. Public hearings to consider Small-Scale Amendment and Zoning Change OLD BUSINESS: HEARING # CPA - 98-078SS - J. M. WHITAKER C/O HIGHLANDS COUNTY SCHOOL BOARD C/O MCCOLLUM, OBERHAUSEN & TUCK, L.L.P. Approximately 9.89 acres, located in Sec. 13, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a Small-Scale Plan amendment from “General Agriculture” to “Public/Quasi-Public Facility Lands”. Proof of Publication and Petition entered into the record. See Proof of Pub Ordinance Book 2 Page 7.
HEARING #1456 - J. M. WHITAKER C/O HIGHLANDS COUNTY SCHOOL BOARD C/O MCCOLLUM, OBERHAUSEN & TUCK, L.L.P. Approximately 9.89 acres, located in Sec. 13, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to PU (Public Lands district). The petition is for a bus garage including oil changes, bus washing, fueling and engine repair. This was approved by the Planning and Zoning Board, contingent upon the zoning change being effective as of the date of purchase by the School Board and also, approval by the small-scale plan amendment.
The Development Services Director presented an analysis of the petitioner’s proposal. Changes to the effective date of the ordinance, pursuant to chapter 163, Florida Statutes, were read into the record. The Chair opened the floor to the public. Captions of the ordinance read into the record. No letters were received for or against.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to adopt Resolution and Ordinance after entering into the public record, the mandatory findings and approve the Small-Scale Plan Amendment to Public/Quasi-Public Facility Lands and the rezoning request to PU with changes to the effective date as indicated by the attorney. The Chair called for public input on the motion.
Attorney Jim McCollum presented an aerial photo with the plans for the development. Concerns were noted with the continued use by the buses on Albritton Road. Carl Cool spoke to the Board in regards to asking the School Board to pave the shell road from the Eastern Drive to the facility, approximately 300 feet. Dr. Smith stated that he could not speak for the School Board. Mr. McCollum stated that if the County lays the base, he does not feel that the School Board would have a problem, and he will recommend it to the District. He preferred that the Board not make it a condition of the approval. Commissioner Maxcy asked for an amendment to put a condition on the approval. Attorney McCollum spoke of budget problems. Commissioner Barrett declined the amendment. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy who voted nay. Motion carried. See Res. Book 11 Page 153. BOOK 17 PAGE 527
NEW BUSINESS: CPA - 98-079SS - MARK BROWN AND PATRICIA ANN ROTH C/O J. MICHAEL SWAINE HEARING #1457 - MARK BROWN AND PATRICIA ANN ROTH C/O J. MICHAEL SWAINE Due to the advertisement requirements not being met, this hearing was postponed until March.
5. Public hearing to consider Lake Placid Special Benefit Fire District Proof of Publication entered into the record. See SMB 31 Page 55. This hearing was also advertised in the Lake Placid Journal as well as the Highlands Today. Treasa Handley, Assessment Coordinator, stated that the purpose of this Public Hearing is to consider a Resolution authorizing the Board of Supervisors of the Lake Placid Special Benefit Fire District to use the uniform ad valorem method of collecting non-ad valorem assessments.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to adopt Resolution to impose the non-ad valorem assessment. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 154.
The Chair called for public input. Earl Pickett, former Fire Chief, Harry Mottinger, Olaf Pearson, John Cash, John Gill and Bob Bullard spoke in favor of the assessment but requested more information be given to the residents of Lake Placid. Lex Cauffield presented information regarding the mail out. Harold Thompson asked questions on the area to be affected. The consensus of the Board was to hold a workshop in Lake Placid in early May or June, before the surveys are sent out.
6. Public hearing to consider a resolution pertaining to Closing Road Right of Way. Proof of Publication entered into the record by Bill Lecher, County Engineer. See SMB 31 Page 56. Mr. Lecher presented petition to close all that portion of Third Avenue, West lying South of Lakefront Drive in Desoto City Second Subdivision. No letters were received in objection. An easement document prepared by Wendell Whitehouse was faxed to the County Engineer. It provided a utility easement for a water main. See SMB 31 Page 57.
The Chair opened the floor to the public. Attorney Wendell Whitehouse, representing the petitioner, Bernie Wolcove, spoke in favor of the petition. Pictures were also placed into the record. Martha Atwood, Jean Betts and Elaine Shaughnassy, residents, spoke in opposition, and entered 45 signatures into the record. See SMB 31 Page 58 for copies. Hank Kowalski spoke in opposition to closing access to the lake. Mr. Macbeth advised that these rights-of-way were dedicated by people who developed those areas and considered to be important for the neighborhood to have access to the waters of the state, and that is why they were dedicated to the public. They are important public rights. Alice Peard, a frequent visitor, spoke in opposition. Attorney Whitehouse presented closing statements.
Richard Conover asked that staff please use the Board’s equipment when holding public hearings. Commissioner Gose discussed the idea of conveying a certain portion of the property to allow Mr. BOOK 17 PAGE 528
Wolcove to build on to his property, and still allow access to the residents. Mr. Macbeth stated that it could be considered in this manner. The Board could determine that its not needed for public use and declare it surplus and place it up for sale.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to deny the road right of way request for Bernie Wolcove, Petitioner. The Chair opened the floor for input. Attorney Whitehouse spoke in favor of closing one-half of the easement. Martha Atwood spoke in favor of selling the petitioner the 25 foot right-of-way. Jean Betts, Elaine Shaugnassy and Von Whitesides spoke in opposition. Upon roll call, Commissioners Barrett, Flowers and Canale voted aye. Commissioners Gose and Maxcy voted nay. Motion carried.
Break 10:50 a.m. - 11:00 a.m.
7. Public hearing to consider an ordinance regarding Development Order for Lakeshore Mall Proof of Publication for the Public Hearing entered into the record by the County Administrator. See Proof of Publication Ordinance Book 2 Page 8. The Board Attorney read the captions into the record. This ordinance amends ordinance 90-11 and 95-15 and extends the Development Order until December 31, 2010. An inquiry was received from DCA asking for additional information. The Council for DCA has asked that the hearing be opened and receive public comments and then continue the hearing until March 24, 1998 at 9:00 a.m. in the Board Room. This will allow time for their traffic engineers to respond with appropriate information.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to continue this ordinance until March 24, 1998, at 9:00 a.m. to allow time for the traffic engineers to respond to the Department of Community Affairs. The Chair called for public input on the motion. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
8. Public hearing to consider amendments to adopted Comprehensive Plan Evaluation and Appraisal Report Proof of Publication entered into the record by Jim Polatty, Development Services Director. See SMB 31 Page 58. The Development Services Director explained the revisions to the LDRs. The captions of the Resolution was read into the record.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt the Resolution approving the revised portions of each element with correction to number 17 as noted by Jim Polatty, of the adopted Evaluation and Appraisal Report (EAR). The Chair opened the floor to the public. Dan Foley noted that the issue of number 17 should be discussed and requested that section 17 be removed for NRAC suggestions. Commissioner Gose amended the motion to withdraw the 17 questions from the packet, and defer to NRAC, seconded by Commissioner Maxcy. Hank Kowalski spoke in opposition. Carl Cool noted that these items were information only. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 154. BOOK 17 PAGE 529
9. ADJOURN The meeting adjourned at 11:20 a.m. ______Chairperson
Attest: ______Clerk
***************************************************************** BOOK 17 PAGE 553
PUBLIC HEARING OF THE BOARD, MARCH 24, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Jeri Canale Carl Cool James L. Gose C Michael Eastman C Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett Belinda Decker
2. Invocation and Pledge of Allegiance The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Mr. Richard Conover.
3. ANNOUNCEMENTS: A. Sheriff Lt. Susan Benton requested that the Board approve the certification of participation for the Department of Community Affairs’ Drug Control and System Improvement Program grant application, designating the Board of County Commissioners as the coordinating unit of government for the entire County.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to authorize the Chair to sign the Certification of Participation for the grant application and to appoint Bill Jones as the lead person to meet with the cities for distribution of the $108,539. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 31 Page 102.
Lt. Benton also thanked county staff for their participation in the flooding disaster.
B. Clerk Mike Eastman advised that the combined CAFR with the Board and Elected Officials financial statements and management letter comments and responses have been handed out. Also given out was the Comptrollers’ Report, which is the combined financial report to be sent to the State. These reports should be filed by the end of the month. The Clerk’s Office will be applying for the certification again this year. The County Administrator reported that Dan Dorrell and staff will be reviewing this report with the Board the third Tuesday in April.
C. Future upcoming meetings: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
D. Agenda Motion by Commissioner Gose, seconded by Commissioner Maxcy, to accept the agenda with consideration of two other items to be heard around 10:00 a.m.
1) Request for assistance from the City Council of Avon Park with drainage problems 2) Readoption of the Emergency Resolution BOOK 17 PAGE 554
Upon roll call, all Commissioners voted aye. Motion carried.
4. Public hearing to consider proposed small scale plan amendment and zoning changes OLD BUSINESS: CPA - 98-079SS - MARK BROWN AND PATRICIA ANN ROTH C/O J. MICHAEL SWAINE Lots 12866 thru 12869, Avon Park Lakes Unit 40, as recorded in Plat Book 5, Page 83 of the Public Records of Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “Medium Density Residential” to “Commercial.”
HEARING #1457 - MARK BROWN AND PATRICIA ANN ROTH C/O J. MICHAEL SWAINE Lots 12866 thru 12869, Avon Park Lakes Unit 40, as recorded in Plat Book 5, Page 83 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to B-3 (Commercial district). Applicant desires commercial activities compatible with adjacent property fronting on SR 64. Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 8.
Jim Polatty, Development Services Director, explained the Petitioner’s proposal. The requested zoning change and Small Scale Plan amendment are not consistent with the R-1 zoning and Medium Density Residential Future Land Use Map designation. Staff recommended denial of the zoning change and small scale-plan amendment due to intrusion into a residential area. Pictures and letters of the proposed development entered into the record. See Zoning Department for copy. The recommendation of the Planning and Zoning Commission was to approve Hearing #1457, contingent upon the Small-Scale Plan amendment. The Chair opened the floor to the public. Ralph Warner, representing Avon Park Lakes Association, spoke in opposition to the zoning. Gabriel Reed of Avon Park Lakes, spoke in opposition. Attorney Mike Swaine, representing the petitioner, explained the proposed business and spoke in favor of the zoning.
Discussion by the Commission regarding the type of buffer needed. Mr. Swaine agreed to a Viburnum Hedge. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt Resolution and Ordinance, approving the zoning and small scale-plan amendment after entering the mandatory findings into the record. After discussion on the motion, Commissioner Gose amended his motion that the applicant be required to construct a Viburnum Hedge northwest and east on the outside of the fence with irrigation and maintenance. After three years the hedge to be eight feet high along the outside of the wall. Upon roll call, Commissioners Gose and Maxcy voted aye. Commissioners Canale, Flowers and Barrett voted nay. Motion did not carry.
NEW BUSINESS: HEARING #1458 - HAMMOCK MOBILE ESTATES, INC. C/O RICK WHIDDEN Lot 13, Block A, Hammock Mobile Estates, as recorded in Plat Book 11, Page 6 of the Public Records of Highlands County, Florida. Requesting a zoning change from M-1 (Mobile Home Subdivisions district) to M-2 (Mobile Home Parks district). The applicant desires to conform with the majority of the lots in the existing subdivision for rental use. Proof of Publication entered into the record. See SMB 31 Page 103. The Development Director presented an analysis of the Petitioner’ proposal. The proposed M-2 zoning is consistent with the existing high density residential future land use designation. The Chair called for public input. Rick Whidden, representing the petitioner, spoke in favor of the zoning. Carl Cool asked that the petitioner consider vacation and taking responsibility of the roads. This condition was not placed on the zoning. BOOK 17 PAGE 555
Motion by Commissioner Barrett, seconded by Commissioner Gose, to adopt the Resolution after entering the mandatory findings into the public record, approving the M-2 zoning resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 158.
The Zoning Hearings were recessed until the end of the meeting to allow Planning Staff to research prior action on Hearing #1459-JAE WOUN JOO
5. Public hearing to consider Lakeshore Mall DRI Notification of Proposed Change The Board Attorney explained the Ordinance amending Paragraph (I) of Section 5 of Ordinance 90-11, extending the duration of the Development Order, further amending paragraph (3) of subsection A of Section 60 E of Ordinance No. 90-11, as amended by Ordinance No. 95-15, providing for phase dates of build-out for Lakeshore Mall. Ken Graves, representing CBL and Associates, presented request for extending the duration of the Development Order.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to adopt Ordinance for the Lakeshore Mall DRI. The Chair called for public input on the motion. Loren Eby presented recommendations on an access to the back of the Mall. Ken Graves, Attorney, stated that the condition placed at the Hearing and approved, included a buffer. Commissioner Maxcy suggested a contingency be placed on the approval of this DRI to include the access. Carl Cool suggested a delay in the discussion for an access road. No action was taken for the contingency. Upon roll call, Commissioners Barrett, Flowers and Canale voted aye. Commissioners Maxcy and Gose voted nay. Motion carried.
Break 10:15 - 10:25 p.m.
6. Public hearing to consider proposed rates for Placid Utilities and Highway Park Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 9. The Board Attorney read the captions of the Ordinance into the record and explained the changes. Carl Cool explained the Ordinance, establishing water and sewer service policies, rates, fees charges and connections for the system. Mike Eastman suggested a correction to the dates on page 6.
Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt ordinance modifying and amending ordinance 94-12, 95-20, 96-23, and 97-36 with a correction to the dates. The Chair opened the floor to the public. Merl Schneidenbach, Chairman of the Committee, addressed the issue of the rates and spoke in favor of the ordinance. He also requested that Mr. Spence Lloyd remain on the Committee. It was a consensus of the Board to keep both representatives, Harold Owen and Spence Lloyd on the Committee.
Rev. Leroy McGahee advised that most of the residents in Highway Park will not be able to pay for the hook- up. Carl Cool reported that the County has a grant that would pay for the hook-up fees. The only solution that the County does not have is the $50.00 deposit fee. Selvin McGahee spoke in favor of the project. Treasa Williams, STAR Program, suggested a monthly rate of $8.00 per month. Jeanette White presented questions regarding the financing of the utility and suggested that representatives of the Committee should come from every area. She asked that staff explain an Enterprise Fund. Mike Eastman and Carl Cool explained how an Enterprise Fund works. Refer to tape for further details. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 31 Page 109.
Grant Proposal for payment of the Deposit Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve the grant proposal to BOOK 17 PAGE 556 provide hook-ups for residents in Highway Park, with a budget amendment to come from the General Fund Contingency. Ross Macbeth advised that all hook-ups will be covered under this proposal. Von Whitesides spoke in opposition to the Board paying for the hook-ups. Carol Soliz spoke in favor of the Water System to combat a health epidemic. Commissioner Flowers suggested payment of $5.00 per month toward the hook-up cost. David Heacock and Ross Macbeth spoke to the obligation of the grant that requires 51% to be hooked up or we could be forced to pay these funds back. Mike Eastman stated that tracking the $5.00 per month did not make economic sense. Von Whitesides withdrew his objections due to the threat of losing the grant. Commissioner Maxcy suggested either selling or giving the utility to the Town of Lake Placid or forming a separate district for Highway Park. Upon roll call, all Commissioners voted aye. Motion carried.
City of Avon Park - City Manager-C.B. Shirey-Flooding Emergency C.B. Shirey, City Manager, informed the Board of numerous drainage problems associated with the Flooding. He asked that the County Administrator be allowed to help the City with a drainage plan for the Airport, to move the water from the Airport into the lakes. This will alleviate the threat of contamination to the water supply and relieve the water problem at Bonnie Brae Park. Mr. Shirey stated that most of the property owners have been very cooperative, however there is one property owner that has refused to allow the water to be pumped on his property. Mr. Shirey is requesting that the County Commission authorize the use of the heavy equipment and the County assist with the digging of a drainage ditch. The second request is for a permanent easement by the County from the property owner if he does not allow the County on his property.
Carl Cool advised that there may be an alternate plan to the situation. There is an old right of way that may be used instead of the initial route. Commissioner Canale discussed the cost involved. Mr. Cool reported that he expects full reimbursement from FEMA. Commissioner Gose discussed the impact of the water flow to Lake Lotela. Mr. Cool advised that there will not be an appreciable impact to the Lake. Jim Renfro, owner of Highlands Aviation, spoke in favor of the drainage plan.
Motion by Commissioner Barrett , seconded by Commissioner Gose, to authorize the County Administrator to seek the alternative route and Road and Bridge to use County equipment to dig a ditch to help with the drainage problem in Avon Park. Steve Roberts, Avon Park City Councilman, spoke in favor of the motion. After discussion, Commissioner Barrett withdrew his motion and Commissioner Gose withdrew his second.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to authorize staff to take any means necessary to move the water. Mr. Macbeth advised that the Board does have alternatives (to approve the second route) and if the other means becomes necessary to hold an emergency meeting. After discussion, the motion remained in effect, with a caution to staff to advise the Commission of any emergencies. Upon roll call, all Commissioners voted aye. Motion carried. Mr. Shirey commended the County Administrator and County staff for their assistance.
7. Public hearing to consider purchase of property - Orange Blossom Country Club Community Proof of Publication entered into the record by Bill Stephenson, Special Projects Director. See SMB 31 Page 105. Mr. Stephenson explained the property purchase.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to approve purchase of property in the Orange Blossom Country Club Community in the amount of $32,500 for the purpose of retention. Joan Pflueger presented questions regarding the environmental study and the reason for the lot purchase. Irene Knutson spoke in favor of the purchase. John Bock spoke in favor. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. BOOK 17 PAGE 557
8. Public hearing to consider vacation of easement - Leisure Lakes Section Three Proof of Publication entered into the record by Lisa Burley, Engineering Department. See SMB 31 Page 106. Petition presented for vacation of the utility and drainage easement lying 6 feet each side and parallel with the dividing line of Lots 9 and 10, Block 182, Leisure Lakes, Section Three, less and except the westerly 10 feet and the easterly 6 feet, for Donald G. and Blanche D. Lipps. The Chair opened the floor to the public. No one spoke for or against the vacation.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to adopt Resolution vacating the utility and drainage easement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 159.
The Chair called Public Hearing #1459 back to order.
.HEARING #1459 - JAE WOUN JOO - C/O MR. LANSE PADGETT, ACTIVE PROPERTIES, INC. Lots 10 through 13, Block 5, Highland Towers Addition, as recorded in Plat Book 12, Page 51 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to B-3 (Business district). Applicant desires to be consistent with the Comprehensive Plan.
Proof of Publication entered into the record. See SMB 31 Page 104. Jim Polatty presented an analysis of the Petitioner’s proposal. The proposed B-3 zoning is consistent with the existing General Commercial Future Land Use Map designation. Jim Polatty advised that the petitioner is willing to place a vegetative buffer for lots zoned R-1, Block 4 and lots 1-10- Highlands Towers, East of Colonial Drive. Motion by Commissioner Flowers, seconded by Commissioner Gose, to adopt Resolution, approving the B-3 zoning, after entering the mandatory findings into the public record, contingent upon his purchase of the property and the vegetative buffer. Hank Kowalski presented questions on location and concerns regarding departments not commenting on the zoning. Upon roll call, all Commissioners voted aye, except Commissioner Barrett, who voted nay. Motion carried. See Res. Book 11 Page 160.
9. Commissioner Canale: Appointment of Landfill Committee The following persons were listed for appointment to the Landfill Committee:
Member Alternate Commissioner Maxcy - Gabriel Reed Commissioner Gose - Doris Gentry Commissioner Flowers - Steve Roberts Commissioner Barrett - Jeff Ludwig Curtis DeYoung Chairperson Canale - Jean Nichols
10. Reopen Public Hearing Placid Utilities and Highway Park Ordinance Motion by Commissioner Barrett, seconded by Commissioner Gose, to reopen Public Hearing on Placid Utilities and Highway Park Ordinance. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to make the effective date of the Ordinance read April 1, 1998. Upon roll call, all Commissioners voted aye. Motion carried. BOOK 17 PAGE 558
11. 1:25 p.m.: Executive Session with those attending: Commissioners Jeri Canale, James L. Gose, C. Guy Maxcy, John D. Barrett, David W. Flowers, County Administrator Carl Cool, County Attorney, J. Ross Macbeth and a certified court reporter, Jackie Hansen, to discuss pending litigation of former Operations Director, Vaden M. Pollard, Claimant vs. Highlands County Board of County Commissioners’ employer, Florida Department of Labor Employment Security Unemployment Appeals Bureau Docket No. 98-6522U. See SMB 31 Page 107 for copy of notice.
The regular meeting was called back to order at 2:20 p.m. with all members in attendance.
12. Emergency Resolution Motion by Commissioner Barrett, seconded by Commissioner Gose, to approve extension of the Emergency Resolution. Upon roll call, all Commissioners voted aye. Motion carried.
13. ADJOURN The meeting adjourned at 2:25 p.m.
______Chairperson Attest: ______Clerk
************************************************************************ BOOK 17 PAGE 582
PUBLIC HEARING OF THE BOARD, APRIL 28, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Jeri Canale Carl Cool James L. Gose C Michael Eastman C Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett Commissioner J.D. Barrett was not present.
2. Invocation and Pledge of Allegiance The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Mr. Richard Conover.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to set the Action Agenda with the following changes. 1) A change in the agenda, to hear item number 5 before item number 4, to allow Judge Durrance to speak. 2) An addition to the agenda, to add item number 11, for approval of out parcels from Sun’n Lake Improvement District. 3) An addition to the agenda, to add item number 12, scheduling of a workshop with the City of Sebring on annexation. 3) An addition to the agenda, to add item number 13, recommendation of the Water Safety Committee on Lifeguards at H.L. Bishop Park.
Upon roll call, all Commissioners voted aye. Motion carried.
5. Public hearing to consider an ordinance regarding a legal aid program Proof of Publication entered into the record by the County Administrator. See Proof of Pub Ordinance Book 2 Page 11. The Board Attorney read the captions of the ordinance into the record and explained the levy of a service charge to assist with the funding of a legal aid program in the county. The Chairperson questioned the $20.00 fee for Highlands County. Linda Moore, Executive Director of Polk County Legal Aid, advised that Polk County charges $2.50 to $7.50 per case, depending on what type of case. Highlands County has lesser cases and would need to charge more to generate the amount of funds needed. Ross Macbeth advised that the fee was based on generating $50,000 or handling 290 cases annually. Judge Durrance spoke in support of the ordinance. Preston Colby spoke opposing the contents of the ordinance and questioned why this entity was chosen. Carl BOOK 17 PAGE 583
Cool advised that the issue before the Board is whether the County wishes to provide legal aid to indigent persons. We do not have a contract with Polk County. Ross Macbeth advised that the County needs to determine the level of funding and that way we will know the number of cases we intend to fund and the number of days that attorneys will have a presence in Highlands County. Kevin Roberts advised that there will be an accounting of the funds as he is on the Board of Directors.
Commissioner J.D. Barrett arrived at the meeting at 9:15 a.m.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt Ordinance as written, adding a new section 2-4 providing for service charges on Circuit and County Court, Civil and Probate proceedings to provide and maintain a legal aid program. The Chair opened the floor to the public. Preston Colby asked for specifics on the fee. Upon roll call, all Commissioners voted aye. Motion carried.
4. Public hearing to consider zoning changes
NEW BUSINESS: HEARING #1460 - PAUL R. CORLL AND VIVIAN A. CORLL Approximately 2.94 acres, located in Sec. 20, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from B-3 (Business district) and AU (Agricultural) to AU (Agricultural). Applicant desires to be consistent with the Comprehensive Plan and construct a dwelling. Jim Polatty, Development Services Director presented Proof of Publication and petition into the record. See SMB 31 Page 154. The applicant also requested a refund of the application fee. The Board discussed waiving of the fees. The Board Attorney spoke to the consistency rezones and waiving of the fees. The Planning and Zoning recommendation were to approve the hearing. There were no letters received for or against the request. Motion by Commissioner Barrett, seconded by Commissioner Gose, to recommend approval of Hearing #1460, and adopt Resolution with the mandatory findings, and the staff report to be entered into the record with one-half of the fee cut. The Chair called for public input on the motion. Mr. Hank Kowalski spoke against the request stating that they are violating land clearing permits. Commissioner Canale stated concerns, and asked that this item be placed on the next agenda for discussion. Jim Polatty reported that staff was not in error. The original map showed no resources on the site. Upon roll call, Commissioners Barrett voted aye. All other Commissioners voted nay. The motion did not carry.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to approve Hearing #1460, and adopt Resolution with the mandatory findings and the staff report to be entered into the record. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 176.
Motion by Commissioner Flowers, seconded by Commissioner Canale, to instruct staff not to issue any permits on this property, until the Board discusses the issue at next weeks’ meeting. Preston Colby requested that the Board consider sanctions for unlawful land clearing. Upon roll call, Commissioners Flowers, Canale and Maxcy voted aye. Commissioners Barrett and Gose voted nay. Motion carried. BOOK 17 PAGE 584
Break 10:00 a.m. resume 10:15 a.m.
HEARING #1461 - ORANGEWOOD INC. - C/O HERBERT C. MAHOTA Lots 1, 2, 3, 4, 5, 6, 7, 11, 13, 14, 15, 16, 17, and 18, Block 251, Sun N’ Lakes Estates of Sebring, as recorded in Plat Book 9, Page 71 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district) to R-2 FUD (Two Family Dwelling district with a Flexible Unit Development). Applicant desires to construct duplexes with separate ownership on each side of unit. The Development Services Director presented the petition and proof of pub into the record. See SMB 31 Page 155. There were no letters received and no one spoke for or against the request. Motion by Commissioner Gose, seconded by Commissioner Barrett, to recommend approval of Hearing #1461 including the mandatory findings and conformity findings in the staff report, and to adopt resolution approving the R-2 FUD zoning. Upon roll call, all members voted aye, except Commissioner Flowers, who abstained due to a business conflict with one principal of the Company. Memorandum of voting conflict entered into the record and made a part of the minutes. Motion carried. See Res. Book 11 Page 177.
HEARING #1462 - MARTHA L. MOORE & R. W. & BOBBY W. OBERRY- C/O RICK WHIDDEN Lots 4 thru 10 Block 2, Waldrons Sub. per P.B. 2, PG. 34 and all of Block 1 & all of Block 2, of Oakland Sub. per P.B. 3, PG. 26, of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to M-1-S (Mobile Home and Residential Subdivisions district). Applicant desires to place conventional homes or mobile homes. The Planning and Zoning recommendation was to deny the request. Jim Polatty, Development Services Director, presented the petition and the proof of publication into the record. See SMB 31 Page 157. Mr. Rick Whidden, representing the petitioner, spoke in favor of the request and entered pictures into the record. See file for copy. There was one letter received against and zero for the request. The Chair opened the floor to the public. Donald Yancy, Ms. Patricia Harmon and Lisa Oberry spoke against allowing mobile homes in the neighborhood. Mr. James Gilbert stated concerns relating to caretaking responsibility. Richard Conover commented on the absence of counsel and Board members at the Zoning Hearings.
Commissioner Gose made a motion, seconded by Commissioner Flowers, to recommend denial as presented by the Planning and Zoning Commission. Rick Whidden spoke for the petitioner asking for reconsideration. Mrs. Martha Moore and William Moore spoke in opposition to the motion and stated that they are cleaning up the property and need to be able to use the property to make the payments. Commissioner Gose withdrew his motion and Commissioner Flowers withdrew his second.
Motion by Commissioner Gose, seconded by Commissioner Barrett, to rezone Lots 1 thru 10, Block 1 and 2, bordering on Howard Avenue in Oakland Subdivision to M-1-S. and adopt Resolution with the mandatory findings entered into the record. Carl Cool suggested that a 10 foot vegetative buffer BOOK 17 PAGE 585
be provided. Rick Whidden questioned the grandfathered issue. Ross Macbeth stated that he was not sure the grandfathered issue would follow through. Richard Conover presented questions. Commissioner Gose amended the motion to require a ten-foot vegetative buffer on any developed lots. Commissioner Flowers accepted the amendment. Teresa Selph questioned property access. Ross Macbeth suggested that the Board may want to look at requirements for long term solutions to preserve and enhance the value of mobile home areas to prevent dilapidate structures. The Chair asked that Mr. Cool direct the Planning and Zoning to address this issue. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 11 Page 180. See Res. Book 11 Page 180.
6. Public hearing to consider assessing lien, nuisance abatement case # 9697-100 Proof of Publication and petition entered into the record by Alan Decker, Code Enforcement. See SMB 31 Page 158.
Motion by Commissioner Barrett, seconded by Commissioner Maxcy, to approve the final assessment for nuisance abatement and to record the lien. Upon roll call, all Commissioners voted aye. Motion carried.
7. Public hearing to repeal ordinance 97-40 regarding sewage treatment plants Proof of Publication entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ordinance Book 2 Page 12. Mr. Polatty explained that the ordinance was to amend one of the text amendments. DCA was not agreeable to the amendment and staff decided the best way to proceed was to rescind the ordinance. The Board Attorney read the captions of the ordinance into the record.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt ordinance repealing ordinance 97-40, regarding sewage treatment plants. Upon roll call, all Commissioners voted aye. Motion carried.
8. Public hearing to consider a resolution to vacate the utility and drainage easements on Lots 9, 10, 11 & 12, Block 124, Leisure Lakes Section 11 Proof of Publication and petition entered into the record by the County Administrator. See SMB 31 Page 159.
Motion by Commissioner Gose, seconded by Commissioner Barrett, to adopt Resolution to vacate the Drainage and utility easement in Leisure Lakes Section 11. Mirtes C. Miers, Petitioner, spoke in favor. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 178 and SMB 31 Page 160.
9. Public hearing to consider road closing - portion of Weigle Avenue Proof of Publication and petition presented by the County Administrator. This is necessary due to an error in the survey. See SMB 31 Page 161.
Motion by Commissioner Flowers, seconded by Commissioner Barrett, to adopt Resolution closing BOOK 17 PAGE 586 the westerly one (1) foot of Weigle Avenue located in Plat Book 1 Page 59, of the Public Records. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 179.
10. Request payment without a purchase order - Tri-Sure Corp. Motion by Commissioner Barrett, seconded by Commissioner Gose, to approve the request for payment of invoice without a purchase order to Tri-Sure Corporation. The Chair called for input on the motion. Richard Conover spoke in opposition. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 31 Page 162 for copy of information.
11. Sun N’ Lake Out parcels Lots Motion by Commissioner Gose, seconded by Commissioner Barrett, to approve purchase of five out parcels for the Sun’n Lake Preserve. The Chair called for input on the motion. Hank Kowalski presented questions regarding the cost. Upon roll call, all Commissioners voted aye. Motion carried.
12. Joint Workshop with the City of Sebring regarding Annexation Discussion by the Commission on the proposed date. Frank Celentano, Citizens for Better Government, asked that the Board not meet until the results of the committee is established. He also requested that Preston Colby be considered as the moderator, in place of George Hensley. The consensus of the Board was to set a workshop meeting with all cities participating for June 4, 1998 at 6:30 p.m.
13. Lifeguards at H.L. Bishop Park Carl Cool reviewed the minutes of the Water Safety Committee, where the recommendation was to have the Personnel Director draft a job description of an aquatics program manager. The position was discussed. Preston Colby presented recommendation that the Board consider closing the Beach to recreational swimming. He stated that the swimming area is poorly designed and all that a lifeguard manager will do is slow down the fatalities. The Board Attorney advised that the Commission would be assuming a greater risk if they place lifeguards, when there is no way to safely lifeguard the area. He recommended signs be placed that designate “no swimming” or “swim at your own risk”. He also suggested the Board set up organized programs at swimming pools in the communities. See SMB 31 Page 163.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to close H.L. Bishop Park to swimming. The Board discussed the effects of closing the area. Commissioner Canale suggested an opinion from the Town of Lake Placid on the decision.
Motion by Commissioner Canale, seconded by Commissioner Maxcy, to table this item until the Town of Lake can be contacted for their comments. Upon roll call, Commissioners Canale, Maxcy, Flowers and Barrett voted aye. Commissioner Gose, voted nay. Motion carried. Mr. Cool was directed to place this item back on the agenda after the comments are received.
14. Report on Vantage Pointe Subdivision BOOK 17 PAGE 587
Carl Cool reported that Ron Cauthan of Chastain Skillman, is moving ahead with the design. The aerial topographical is complete. Mr. Cool went out and observed the problem area brought to the Boards’ attention. It must be opened or it could cause some additional flooding. The landowners should not be trying to fix the problem.
11. Adjourn The meeting adjourned at 12:20 p.m. ______Chairperson
Attest:______Clerk
***************************************************************** BOOK 17 PAGE 602
PUBLIC HEARING OF THE BOARD, MAY 26, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Jeri Canale Charles Lairsey James L. Gose Carl Cool Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett
2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Richard Conover.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Mr. Harold Linville and Mr. Ed Fisher, Members of the DAV Ridge Chapter #49 of Highlands County, presented a citation received from Mr. Harry McDonald, National Commander of the DAV, to the County Administrator in recognition of his support with the DAV, especially the Transportation Program.
4. Public hearing to consider proposed zoning changes NEW BUSINESS: HEARING #1463 - R. ANTHONY COZIER C/O POLSTON ENGINEERING, INC. Approximately 6.538 acres, in Sec. 9, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from R-3 FUD (Multiple Dwelling district with a Flexible Unit Development), AU (Agricultural) and B-1 (Neighborhood Business district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to construct an eighty-five (85) bed assisted living facility. Proof of Publication and Petition entered into the record by the Development Director. See SMB 31 Page 195. The Planning and Zoning recommended approval of the zoning. The Chair opened the floor to the public. No one spoke for or against the zoning. The Board Attorney explained the statute that charges the Board of County Commissioners enforcement of the Binding letter of Interpretation of Vested Rights for the Sun’n Lake Development.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt second Resolution with Section 4 and 5 added for compliance with the BLIVR, approving the R-3 FUD zoning after entering into the record the mandatory findings, subject to the applicant complying with any state DCA requirements affecting modification of the BLIVR. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 196. BOOK 17 PAGE 603
HEARING #1464 - GAMILL REALTY, CORP. C/O SANDY LORD Approximately 8.5 acres, Tract 8, Leisure Lakes, Section 7, as recorded in Plat Book 7, Page 8, of the Public Records of Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to R-1 (Residential district). Applicant desires to construct a single family residence. Proof of Publication and Petition entered into the record by the Development Services Director. See SMB 31 Page 196. The Chair opened the floor to the public. Hank Kowalski spoke in opposition to the zoning and recommended that an EIR should be considered. Commissioner Maxcy asked that staff present environmental data at the Public Hearings. Carl Cool stated that if the petitioner wants to subdivide the property, he has to go through the process of recording a plat and that will generate a full blown environmental impact analysis.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to adopt Resolution approving the R-1 zoning, after entering the mandatory findings into the record, subject to obtaining environmental clearance pursuant to Article Four of Chapter 5.5 of the Code of Ordinances. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 197.
5. Public hearing to consider proposed changes to Chapter 12, Zoning Code Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 13. The Development Services Director reviewed proposed changes to Chapter 12, Zoning Code. Discussion by the Commission on the following issues. a) Amendment pertaining to notice requirements b) Amendment to the Agricultural District noncommercial raising or keeping a maximum of 3 in total number of animals c) Agriculture - Special Exception for placing fireworks or other explosives, Manufacturing or storage.
Break 9:45-9:55 a.m.
Gary Lower, Zoning Supervisor, explained the need for the changes in the agricultural district to accommodate the certain groups such as the 4-H Club.
The Chair suggested that staff bring back a map with areas marked and more information to review at the next public hearing. Carl Cool asked that the lot size also be considered. Ross Macbeth presented a suggestion on changing language based on the items we bring in for consistency rezones. The Chair opened the floor to the public. Dan Foley, Citrus Growers Association, stated that in specific areas, notification is imperative. Steve Roberts, City of Avon Park Council Member, spoke regarding animal problems in the AU Districts. Ross Macbeth presented corrected language to the ordinance. Action to be taken at the next public hearing in June. See SMB 31 Page 197.
6. Public hearing to consider an ordinance amending Section 9-1 of the Code of Ordinances-Local Option Gas Tax Carl Cool presented the Proof of Publication into the record. See Proof of Publication Ordinance BOOK 17 PAGE 604
Book 2 Page 14. The Board Attorney read the captions of the Ordinance into the record. Carl Cool explained an Interlocal Agreement with the City of Avon Park that will allow the County to receive the same share that they have previously received but will give the City of Avon Park a slightly higher percentage rate. Discussion regarding Interlocal Agreements between the County and the Municipalities. The Chair opened the floor to the public. Council Member Tom Macklin, representing the City of Avon Park, spoke in favor of the new formula. Steve Roberts, City Council Member also spoke for the City of Avon Park.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to adopt the ordinance as presented and approve the Interlocal Agreements with the three (3) municipalities, setting the share of proceeds for the City of Avon Park at 5.37667%. Ross Macbeth advised that all municipalities must approve this Interlocal Agreement before June 1, 1998 for the numbers to agree with the ordinance and to become effective this year. Avon Park officials were instructed to follow through with each municipality to ensure their approval. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 31 Page 198.
7. Public hearing to consider purchase of Hummel property-Avon Park Estates Proof of Publication entered into the record by Bill Stephenson, Special Projects Director. See SMB 31 Page 199. Mr. Stephenson explained that this is the third piece of property that the County has purchased and is necessary to connect the road. The Chair opened the floor to the public. No one spoke for or against the purchase.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to enter into a purchase agreement with Stuart, Blanche and Lillian M. Hummel for the South 25 feet of the North 155.60 feet of Lot 13 Block 12, Avon Park Estates, Unit III in the amount of $700.00. Upon roll call, all Commissioners voted aye. Motion carried.
8. Public hearing to consider purchase of Smith property Proof of Publication entered into the record by Bill Stephenson, Special Projects Director. See SMB 31 Page 200. Mr. Stephenson explained that the property is located near the Jail parking lot and will become a part of government acquisition.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve the purchase of the E. 70 ft of N ½ of Lot 2 Block 75 Town of Sebring, 4th Addition from Wendell L. & Maryland E. Smith in the amount of $30,000. The Chair opened the floor to the public. Clayton Womer spoke in opposition to the County purchasing too much property. Richard Conover stated that the additional land could be used to expand the jail. He is against purchasing the property for additional parking. Commissioner Canale suggested that we counter offer at $22,500.00. Upon roll call, Commissioners Gose and Flowers voted aye. Commissioners Barrett, Maxcy and Canale voted nay. Motion did not carry.
Motion by Commissioner Canale, seconded by Commissioner Maxcy, to counter offer at $22,500.00. Upon roll call, all Commissioners voted aye. Motion carried. BOOK 17 PAGE 605
9. Public hearing to consider purchase of Breed property Proof of Publication entered into the record by Bill Stephenson, Special Projects Director. See SMB 31 Page 201. The lot is located directly behind the Parking Lot next to the annex and will complete the parking lot and connect from Commerce to Magnolia Ave.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to offer $22,500.00 for purchase of property at the South ½ of Lot 3, Block 83, Town of Sebring, Fourth Addition to Charlotte N. Breed. Clayton Womer suggested that the County explore the option of leasing. Upon roll call, Commissioners Gose, Barrett, Canale and Maxcy voted aye. Commissioner Flowers voted nay. Motion carried.
10. Public hearing to consider an ordinance amending Article 1, Chapter 2, of the Code of Ordinances, regarding court costs Proof of Publication entered into the record. See Proof of Publication Ordinance Book 2 Page 15. The County Administrator read the captions of the ordinance and explained that the amendment provides for an additional $2.00 assessment of court costs for criminal proceedings to provide for the Sheriff’s Law Enforcement Education Trust fund.
Motion by Commissioner Flowers, seconded by Commissioner Gose, to adopt ordinance with the addition of a new section. Upon roll call, all Commissioners voted aye. Motion carried.
11. Lake Placid Special Benefit Fire District: Ratification of Amended tentative Rate Resolution Tom Portz, Asst. County Administrator, explained an error in the assessment figure. The $15.00 per space within a rental mobile home park or campground was omitted.
Motion by Commissioner Flowers, seconded by Commissioner Barrett, to approve ratification of amended Tentative Rate Resolution. Commissioner Barrett asked if the County will include the Town of Lake Placid. Staff advised that the County cannot accommodate the Town of Lake Placid in this cycle. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 11 Page 198.
12. Approval to execute Grant Award Agreement #S9009 Motion by Commissioner Maxcy, seconded by Commissioner Gose, to approve execution of Grant Award Agreement #S9009 for the rehabilitation of the Courthouse Building to include repair or replacement of deteriorated windows. Upon roll call, all Commissioners voted aye. Motion carried.
13. Commissioner Flowers: Appointment of Fire Chief’s Task Force for county-wide fire consideration Motion by Commissioner Flowers, seconded by Commissioner Gose, to accept recommendation of Commissioner Flowers to ratify the committee that set up the initial Task Force appointments to the Fire Chief’s Task Force for county-wide fire consideration. The committee is listed as follows: BOOK 17 PAGE 606
1) James Hill - Chief, Venus Fire Department 2) Mark Fortier - Chief, Placid Lakes Fire Department 3) Shawn Stewart - Chief, Desoto City Fire Department 4) Art Roberts - Chief, West Sebring Fire Department 5) Lex Cauffield - Chief, Lake Placid Fire Department 6) Charles Anderson - Chief, Sun’n Lakes Lake Placid Fire Department 7) Danny Holmes - Chief, Leisure Lakes Fire Department 8) Don Gavoni - Chief, Sun’n Lakes of Sebring Fire Department to serve as alternate.
The meetings will begin in June to perform a feasibility study. The committee to be a Sunshine Committee with Commissioner Flowers as the liaison from the Board of County Commissioners as a non-voting member.
Upon roll call, all Commissioners voted aye. Motion carried.
14. Development Services Director - Request for Public Hearing date Motion by Commissioner Gose, seconded by Commissioner Maxcy, to set the Public Hearing for proposed changes to Chapter 12, Zoning Code at 9:00 a.m. June 23, 1998. Upon roll call, all Commissioners voted aye. Motion carried.
15. Adjourn The meeting adjourned at 11:45 a.m. ______Chairperson
Attest: ______Clerk
****************************************************************************** MASTER 1998-99 BUDGET WORKSHOP SCHEDULE
1. The workshop was called to order at 8:00 A.M. at the Sebring City Council Chambers at 368 S. Commerce Ave., Sebring, Florida, with the following members present:
Jeri Canale -Commissioner J. D. Barrett - Commissioner Rick Helms -Budget Officer Gilberto Riveria - Budget Analyst Tami Mansfield - Budget Technician Louise Graham- Deputy Clerk
Notice of posting entered into the record by the Budget Director, Rick Helms. See SMB 32 Page 1.
MONDAY, JUNE 8, 1998
AGENCY COST LOCATION TENTATIVE CENTER TIMES
Human Services-Kevin Roberts 5225 City of Sebring Council Chambers 8:00 A.M. 368 S. Commerce Ave. Human Services 5220 Sebring, FL 33870 Administration
Public Assistance Program 5221
State-County Assistance 5222 Program
Veterans-Kevin Roberts 2991
Transportation Disadvantaged 5226
Commodities 5223
Health Care Responsibility Act 5108
Nu-Hope- Kathy Crivello 5224 9:00 A.M.
Personnel-Fred Carino 2107 9:15 A.M.
Employee Benefits-Gail 7993 Roebuck
Insurance - General Claims 2556
Insurance - Workers’ Comp. 2557
Work Study Program 5310
County Extension- Pat Hogue 6302 9:30 A.M.
General Services-Bob Jamison 2558 9:45 A.M. MASTER 1998-99 BUDGET WORKSHOP SCHEDULE 2
Health Department-Valerie 5101 10:15 A.M. Pfiester
Animal Control-Keith Albritton 5106 10:45 A.M.
Emergency Management-Oscar 3991 11:00 A.M. Garner
E911 Operations-Oscar Garner 3997, 3998 11:20 A.M. MASTER 1998-99 BUDGET WORKSHOP SCHEDULE 3
WEDNESDAY, JUNE 10, 1998
AGENCY COST LOCATION TENTATIVE CENTER TIMES
Building Department 3440 City of Sebring Council Chambers 8:00 A.M. 368 S. Commerce Ave. Zoning Department 3439 Sebring, FL 33870 8:20 A.M. Nuisance Abatement 6306 8:40 A.M.
County Planning & Development 2700 9:00 A.M.
Conservation Trust 6307
Community Development Block 5341 9:15 A.M. Grant-Housing
State Housing Initiatives 5342 9:30 A.M. Program (SHIP)
Libraries 6209-6212 9:45 A.M.
Supervisor of Elections 2442 10:00 A.M.
LUNCH BREAK
Clerk of Courts 2102, 2320, City of Sebring Council Chambers 1:00 P.M. 1004, 1006, 368 S. Commerce Ave. 1007, 1008, Sebring, FL 33870 1015, 1017, 1018, 1019, 1020, 1027, 1032, 1034, 1040, 1041, 1043
Sheriff 2339, 3101, 2:00 P.M. 3322, 3323, 1029, 1030
County Engineer 4101 3:00 P.M.
Placid Utilities - Water 7102
Placid Utilities - Sewer 7103
Highway Park 7102A
Highway Safety 4105 MASTER 1998-99 BUDGET WORKSHOP SCHEDULE 4
WEDNESDAY, JUNE 10, 1998
AGENCY COST LOCATION TENTATIVE CENTER TIMES
Special Tax Districts (other than City of Sebring Council Chambers 4:00 P.M. to fire): 368 S. Commerce Ave. 5:00 P.M. Sebring, FL 33870 Coordinator 7992
Sun ‘n Lakes 7980
Sebring Highlands 7983
Orange Villa 7984
Highlands Park Estates 7995
Hickory Hills 7996
Sebring Hills 7978
Non-Ad Valorem Districts:
Orange Blossom Unit 12 7971
Sebring Acres 7972
Orange Blossom CCC 7973
Sun ‘n Lakes LP Recreational 7974 District
Orange Blossom Units 1-19 7975
Orange Blossom Unit 6 7976
Red Hill Farms 7977
Orange Blossom Units 8 & 9 7979
Avon Park Lakes Road 7985
Placid Lakes 7987
Istokpoga Marsh 7989
Avon Park Estates 7990
Sebring Country 7998
Belle Aire Estates 7967
Lake Haven Estates 7970 MASTER 1998-99 BUDGET WORKSHOP SCHEDULE 5
THURSDAY, JUNE 11, 1998
AGENCY COST LOCATION TENTATIVE CENTER TIMES
Road and Bridge 4102 Old Board of County 8:00 A.M. Commissioners’ Chambers Maintenance Shop 4104 411 S. Eucalyptus St. Sebring, FL 33870 Roadside Mowing 4106
County Shell Pit 4108
Operations Department:
Carpentry Shop 4103
Parks Department 6102
Recreation 6101
Weed Control 6304, 6305
Landfill 4210 10:00 A.M.
Recycling 4211 Operations/Recovery Facility
Solid Waste Administration 4212
Used Oil Recycling Program 4213
Waste Tire Processing Grant 4214
Landfill Closure 4215
Recycling Education Program 4216
Recycling Center 4217
Highlands County 6308 Beautification
LUNCH BREAK
Board of County Commissioners 2101 Old Board of County 1:00 P.M. until Commissioners’ Chambers completed. Central Services 2111 411 S. Eucalyptus St. These cost Sebring, FL 33870 centers to be Board Attorney 2103 presented by Budget Officer except as noted County Administrator 2104 or requested MASTER 1998-99 BUDGET WORKSHOP SCHEDULE 6
THURSDAY, JUNE 11, 1998
AGENCY COST LOCATION TENTATIVE CENTER TIMES
County Audits 2105 Old Board room 1:00 P.M. until 411 S. Eucalyptus St. completed. Office of Management & Budget 2106 Sebring, FL 33870 These cost centers to be Non-Ad Valorem Assessment 2108 presented by Circuit Court 1000 Budget Officer except as noted County Court 1001 or requested
State Attorney 1002, 1002A
Public Defender 1003, 1003A
Law Library 1033
Historic District Site Survey 6213
Court Reporter 1009, 1021, 1035, 1042
Appeals 1005
Clinical Evaluation Circuit 1010 Criminal
Interpreters Circuit Criminal 1011
Expert Witness Circuit Criminal 1012
PD Conflicts Circuit Criminal 1013
Dispute Resolution Circuit Civil 1016
Clinical Evaluation Circuit 1022 Juvenile
Interpreters Circuit Juvenile 1023
Expert Witness Circuit Juvenile 1024
PD Conflicts Circuit Juvenile 1025
Clinical Evaluation Circuit 1028 Probate MASTER 1998-99 BUDGET WORKSHOP SCHEDULE 7
THURSDAY, JUNE 11, 1998
AGENCY COST LOCATION TENTATIVE CENTER TIMES
Clinical Evaluation County 1036 Old Board of County 1:00 P.M. until Criminal Commissioners’ Chambers completed. 411 S. Eucalyptus St. These cost Interpreters-County Criminal 1037 Sebring, FL 33870 centers to be presented by Expert Witness-County Criminal 1038 Budget Officer PD Conflicts County Criminal 1039 except as noted or requested Attorney Fee Circuit Probate 1044
Drug Enforcement Program 3104
Municipalities 2992
Florida Highway Patrol 3102
Division of Forestry 3214
Medical Examiner 3990
Armory 3992
Mental Health 5103
Tubercular Care 5104
Highlands County Housing 5343 Authority
Community Redevelopment 5346 Agency - Sebring
Community Redevelopment 5347 Agency - Avon Park
Sebring Regional 5348 Airport/Industrial Park
Highlands Park Estate 7999 Improvement Trust Fund MASTER 1998-99 BUDGET WORKSHOP SCHEDULE 8
THURSDAY, JUNE 11, 1998
AGENCY COST LOCATION TENTATIVE CENTER TIMES
Long Term Notes 8110 Old Board of County 1:00 P.M. until Commissioners’ Chambers completed. Certificates of Indebtedness 8120 411 S. Eucalyptus St. These cost Sebring, FL 33870 centers to be Interfund Transfer 9101 presented by Budget Officer except as noted Reserve for Contingency 9990 or requested
FRIDAY, JUNE 12, 1998
AGENCY COST LOCATION TENTATIVE CENTER TIMES
Building Operations & 2672 Old Board of County 8:00 A.M. Maintenance Commissioners’ Chambers 411 S. Eucalyptus St. Courthouse Facilities 1031 Sebring, FL 33870 Emergency Operations 3213 8:30 A.M. Coordinator
Fire Control Services 3211, 3212
Special Tax Districts-Fire:
Sun ‘n Lakes 7981 9:00 A.M.
DeSoto City 7982 9:10 A.M.
Highlands Lakes 7988 9:20 A.M.
Leisure Lakes 7994 9:30 A.M.
Highlands Park 7997 9:40 A.M.
Lorida 7968 9:50 A.M.
Venus 7969 10:00 A.M.
Lake Placid Fire District 7966(New) 10:10 A.M.
Natural Resources 6303 10:20 A.M.
Pre-Trial Release Program 1014 10:40 A.M.
Emergency Medical Services 5105 10:55 A.M. MASTER 1998-99 BUDGET WORKSHOP SCHEDULE 9
FRIDAY, JUNE 12, 1998
AGENCY COST LOCATION TENTATIVE CENTER TIMES
Property Appraiser 2211 Old Board of County 1:15 P.M. Commissioners’ Chambers Economic Development 5300 411 S. Eucalyptus St. 2:15 P.M. Sebring, FL 33870 Convention Visitors Bureau 2111 2:30 P.M. BOOK 17 PAGE 627
PUBLIC HEARING OF THE BOARD, JUNE 23, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Jeri Canale C. Michael Eastman James L. Gose Carl Cool Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett
2. Invocation and Pledge of Allegiance The meeting opened with a prayer by Carl Cool, County Administrator. The Pledge of Allegiance was led by Richard Conover.
The Chair noted for the record changes to the Agenda as follows: 1) Removal of item H. Landfill Audit to be heard on July 7, 1998 2) Addition of Lakes Association Resolution under item A-1 3) Report from the Aquatic Recreation and Water Safety Committee under A-2 4) Governor’s Declaration, declaring a state of Local Emergency, under item I 5) Consideration of a contract for an irrigation system for lands outside the Government Center
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to set the action Agenda with the changes as noted.
Upon roll call, all Commissioners voted aye. Motion carried.
A. Resolution on retirement of George Bowers The Resolution was read into the record by Commissioner Gose, honoring George Bowers for his faithful service to the county from June 7, 1978 to June 23, 1998, the date of his retirement.
Motion by Commissioner Gose, seconded by Commissioner Barrett, to adopt Resolution in honor of Mr. George Bowers upon his retirement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 1.
1. Mary Carter- Lakes Appreciation Week Mary Carter read into the record a resolution designating the week of June 28-July 4, 1998 as Lakes Appreciation Week in Highlands County. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to accept the resolution into the record. Upon roll call, all Commissioners voted aye. Motion carried.
2. Aquatics Recreation and Water Safety Committee Report BOOK 17 PAGE 628
Preston Colby, Chair of the Committee, reviewed recommendations for the H.L. Bishop Park. Motion by Commissioner Barrett, seconded by Commissioner Maxcy, to accept the recommendations of the Aquatics and Safety Committee. Commissioner Flowers noted a change to the Bather and Safety Rules- item number five to include the word must in place of should. The County Administrator recommended a change to item number one to read Persons under 12 years of age must be accompanied by an adult over the age of 18. An accident analysis will be presented at a later date. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 32 Page 17 for copy of recommendations.
B. Public hearings to consider proposed zoning changes
NEW BUSINESS: HEARING #1465 - JACK L. INGLE An approximate 2.5 acre track located in Sec. 6, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from M-2 (Mobile Home Parks district) to R-1A (Residential district). Applicant desires to construct single family homes. Proof of publication and petition entered into the record by the Development Services Director. See SMB 32 Page 18. The rezoning is compatible with single-family residential development to the west and south. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Maxcy, seconded by Commissioner Barrett, to approve the R-1A zoning and adopt Resolution, after entering the mandatory findings into the public hearing. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 2.
HEARING #1466 - C.B.L. PERIPHERAL PROPERTIES LIMITED PARTNERSHIP A 2.5 acre parcel within Lot 6, Lakeshore Mall, as recorded in Plat Book 15, Page 100, of the Public Records of Highlands County Florida. Requesting a zoning change from B-4 FUD (Business district with a Flexible Unit Development) to B-3 (Business district). Applicant desires an assisted living facility. Proof of Publication and Petition entered into the record. See SMB 32 Page 19. The Chair opened the floor to the public. John McClure, Attorney for Atlantic Capital Group, spoke in favor of the development. Commissioner Maxcy asked that the Board consider some type of planning for a road from Howey to the back of the mall. The County Administrator stated that if the Board wishes to continue in that direction, he will seek right of way from property owners. He was directed to bring back recommendations on July 7, 1998 meeting.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to approve the B-3 zoning Resolution after entering the mandatory findings into the public hearing record. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 3.
C. Public hearing to consider proposed changes to Chapter 12, Zoning Code Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 18. Jim Polatty, Development Services Director, reviewed proposed changes to Chapter 12, General Agriculture. The Chair opened the floor to the public. Richard Conover commented on the attendance of members at the Planning and Zoning Public Hearing. Attorney John McClure, representing Sun’n Lakes Improvement District, spoke in favor of the proposed changes. He also asked that the County initiate the rezoning along Sun’n Lake Blvd. It was a consensus of the Board to allow staff to proceed with the Hearing notice. Richard Conover commented on lack of information at the Hearing. The Development Services Director presented a map outlining the information. Jean Nichols presented questions on the parking. Gabriel Reed from Avon Park Lakes, questioned the drainage for the development. BOOK 17 PAGE 629
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to set the hearing at 9:00 a.m. on July 7, 1998 to consider changes to Chapter 12, Zoning Code. Upon roll call, all Commissioners voted aye. Motion carried.
Break 10:00 a.m. - 10:10 a.m.
D. Public hearing to record Nuisance Abatement Lien on Cases #9495-058 Proof of Publication entered into the record by Eddie Conklin, Code Enforcement Officer. See SMB 32 Page 20. Motion by Commissioner Barrett, seconded by Commissioner Flowers, to record Nuisance Abatement Lien on Cases #9495-058. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 32 Page 21.
Public Hearing to record Nuisance Abatement Lien on Case #9798-048 Motion by Commissioner Barrett, seconded by Commissioner Gose, to record Nuisance Abatement Lien on Case 97- 98-048. Upon roll call, all Commissioners voted aye. Motion carried.
E. Public hearing to consider vacating easement - Lots 1, 2, 7 and 8, Blk. 244, Sec. 20, Placid Lakes Proof of Publication and Petition entered into the record by Ramon Gavarette, County Engineer. See SMB 32 Page 22. Motion by Commissioner Barrett, seconded by Commissioner Gose, to adopt Resolution to vacate easements lying within Lots 1,2,7 and 8, except the drainage easements on the South side of Lots 2 and 7 and the North side of Lots 1 and 8 Block 244, Placid Lakes Section 20. The Chair opened the floor to the public. No one spoke for or against the vacation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 4.
F. Public hearing to consider vacating easement - Lots 1, 2, 17 and 18, Blk. 1, Sec. 19, Placid Lakes
Petition and Proof of Publication entered into the record by the County Engineer. See SMB 32 Page 23. Motion by Commissioner Gose, seconded by Commissioner Barrett, to adopt Resolution vacting easement lying within Lots 1, 2, 17 and 18, Block 11, Placid Lakes Section Nineteen as recorded in Plat Book 9 Page 14 of the Public Records. The Chair opened the floor to the public. No one spoke for or against the vacation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 5.
G. Request from Avon Park Pool Committee Teri Heiring, representing the Avon Park Swimming Pool Task Force, approached the Commission with a request for financial support for the Avon Park High School project. She reported that the total cost of the pool is estimated at $515,000. The City of Avon Park has agreed to a commitment of $100,000 from their infrastructure and the School Board has agreed to $150,000 over a two year period. A private individual has committed to $20,000 and the group is working on grants and fund raisers. The Chair asked that the budget department place this as a budget item for possible funding of $50,000 in fiscal year 98-99 and $50,000 the following year. The County Administrator will notify the pool committee when action is determined and bring back at the budget hearings. The Chair opened the floor to the public. Clayton Womer asked what effect this pool will have on the SFCC and the Jacaranda pool. Commissioner Flowers stated that it will give relief to these pools. He also entered into the record minutes of previous meetings when the Board agreed to fund monies for the Sebring High School pool. Jean Nichols presented questions regarding the maintenance cost. Calvin Smith stated that the School Board will take over the maintenance. See SMB 32 Page 24.
H. Request for girls’ softball field Carl Cool presented request for Mr. Gary Mooney for permission to use the balance of the $6500 to go toward the lights. Motion by Commissioner Barrett, seconded by Commissioner Maxcy, to allow the $6500 allocated for poles at the BOOK 17 PAGE 630
girls’softball field at Max Long complex to be used for either poles or lights. Richard Conover commented on previous minutes as to the chair passing the gavel before making a motion. He was advised that the Chair was not required to pass the gavel. Commissioner Flowers asked if Avon Park could also be considered for lights. A discussion followed on whether these requests should be considered by the Recreation Committee. Clayton Womer suggested that the county take over the cities recreational funding. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 32 Page 25.
I. Resolution declaring Highlands County a Disaster Area Motion by Commissioner Maxcy, seconded by Commissioner Barrett to adopt Resolution, declaring a state of local emergency for all of Highlands County, for seven (7) days, due to the risk of brush fires and authorize the Emergency Management Director and the County Administrator to take whatever actions may be necessary to protect the health, safety and welfare of the community. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 6 and SMB 32 Page 26.
J. Government Center Site Development Irrigation System Motion by Commissioner Barrett, seconded by Commissioner Maxcy, to accept low bid from Workinger Landscape, Inc. in the amount of $25,145 for the Irrigation System at the Government CenterSite. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 32 Page 27.
K. Consideration of extension- George Property Motion by Commissioner Gose, seconded by Commissioner Flowers, to waive the agenda and hear information regarding the George property. Upon roll call, all Commissioners voted aye. Motion carried. The Board Attorney explained the deadline for submitting packets for Comp Plan amendment hearings. Motion by Commissioner Gose, seconded by Commissioner Barrett, to extend the deadline until June 24, 1998 at 4:00 p.m. Upon roll call, Commissioners Gose, Barrett and Maxcy voted aye. Commissioners Flowers and Canale voted nay. Motion carried.
L. Carl Cool - Update on Vantage Pointe and Thunderbird Hills Drainage See SMB 32 Page 28
ADJOURN The meeting adjourned at 11:00 a.m. ______Chairperson
Attest: ______Clerk
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BOOK 17 PAGE 651
PUBLIC HEARING OF THE BOARD, JULY 28, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 411 S. Eucalyptus St. Sebring, Florida with the following members present:
Jeri Canale C Michael Eastman James L. Gose Carl Cool Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Richard Conover. Mr. Cool reported that the next meeting will be held in the new Government Center Boardroom. A briefing session will be held Thursday at 10:00 a.m.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
Motion by Commissioner Barrett, seconded by Commissioner Maxcy to set the Action Agenda with the addition of Landfill Committee recommendation on privatization under item number 11- A.
Upon roll call, all Commissioners voted aye. Motion carried.
4. Public hearing to consider proposed zoning changes and Large-scale Plan Amendment
NEW BUSINESS: HEARING #1467 - HIGHLANDS RIDGE ASSOCIATES, INC. C/O CHASTAIN-SKILLMAN, INC. Approximately 18.33 acres located in Sec.8, Twp.34S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from M-2 CU (Mobile Home Parks district with a Conditional Use district) to R-1 FUD (Residential district with a Flexible Unit Development). Applicant desires to construct conventional site built homes. Proof of Publication and Petition entered into the record by Gary Lower, Zoning Supervisor. See SMB 32 Page 80. The Chair opened the floor to the public. There were no letters received and no one spoke for or against the request. Commissioner Gose made a motion to approve the R-1 FUD zoning resolution, after entering into the record, the mandatory findings in the staff report. The motion was seconded by Commissioner Maxcy. Upon roll call, all members voted aye. Motion carried. See Res. Book 12 Page 11.
HEARING #1468 - BERNJUS-MASON TRUST/GERALD M. MILLION CO-TRUSTEE All of Lot 41, and a portion of Lots 42 and 43, Block 7 of Orange Blossom Estates BOOK 17 PAGE 652
Unit No. 5 as per plat recorded in PB. 6, PG. 40 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to AU-CU (Agricultural with a Conditional Use). The conditional use being a vineyard. Gary Lower presented the request. Proof of Publication entered into the record. See SMB 32 Page 81. Carl Cool presented a letter into the record from Mr. Joe Abelow in opposition, unless stated restrictions are met. See SMB 32 Page 82. Mr. Hank Kowalski presented concerns with Ag activity in an R-1 zone. Mr. Lower also read a letter into the record in favor of the proposed zoning. Gabriel Read from Avon Park Lakes, presented questions regarding impact of elevation to the land.
Commissioner Barrett made a motion to approve the AU- CU zoning resolution as presented with mandatory findings entered into the record. The motion was seconded by Commissioner Gose. Upon roll call, all Commissioners voted aye, except Commissioner Flowers, who voted nay. The motion carried. See Res. Book 12 Page 12.
HEARING #1469 - 1 PLUS INC. & SPRING LAKE CLUB INC. C/O RICK WHIDDEN Approximately 5.8 acres located in Secs. 10 & 15, Twp. 35 S, Rge. 30E, Highlands County, Florida.
Requesting a zoning change from R-1 (Residential district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) and a zoning change from R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to modify existing and approved R-3 FUD. Mr. Lower presented the petition and Proof of Publication. See SMB 32 Page 83. The Chair opened the floor to the public. Rick Whidden spoke in favor of the request.
Motion by Commissioner Gose, seconded by Commissioner Barrett, to adopt Resolution and approve the zoning, after entering into the record, the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried.
The second part of the hearing is a change of the FUD in Oak Leafe Subdivision per plat book 15, page 115. The proposed R-3 zoning of Parcel B will adjust side and rear yard setbacks on 46 of the undeveloped lots and allow duplex and triplex units to be built. Sixty-two lots will remain the same. See SMB 32 Page 84 for copy of extended description.
Motion by Commissioner Barrett, seconded by Commissioner Maxcy, to adopt Resolution approving the second part of the request with mandatory findings entered into the record. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 page 13.
HEARING #CPA-98-080LS - HIGHLANDS RIDGE ASSOCIATES, INC. C/O CHASTAIN- SKILLMAN, INC. Approximately 53.17 acres located in Secs. 4 & 33, Twp.S. & 34S, Rge. 29E, Highlands County Florida. BOOK 17 PAGE 653
Requesting a large-scale Plan amendment from “General Agriculture” to “Medium Density Residential.” See Proof of Publication Ordinance Book 2 Page 20.
HEARING #1470 - HIGHLANDS RIDGE ASSOCIATES, INC. C/O CHASTAIN- SKILLMAN, INC. Approximately 53.17 acres located in Secs. 4 & 33, Twp. 33S & 34S, Rge. 29E, Highlands County Florida. Requesting a zoning change from AU (Agricultural) to R-1 FUD (Residential district with a Flexible Unit Development). Applicant desires to construct conventional site built homes. Mr. Lower presented the request. The Chair opened the floor to the public. Richard Conover presented comments. Hank Kowalski stated concerns for the Golf Course and recommended that NRAC review.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to accept the recommendations of Planning and Zoning and adopt ordinance, approving the Large Scale Plan Amendment and Resolution with mandatory findings into the record, subject to the approval of an Environmental Impact report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 14.
5. Public hearing on DCA vs. Highlands County, DOAH Case No. 98-1264EM Proof of Publication entered into the record by the Board Attorney. See SMB 32 Page 85. Mr. Macbeth explained that this property involved a large scale amendment and also the text of the Comprehensive Plan. The Board has repealed the provision of the Comp Plan that DCA objected to regarding the text. The Board has also agreed to adopt an ordinance that will add a new paragraph addressing the issue of the property owner to provide water and sewer as the property is developed.
Motion by Commissioner Gose, seconded by Commissioner Barrett, to approve the Stipulated Agreement and to authorize the Chair to sign. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 32 Page 86.
6. Public hearing on Community Development Block Grant funding This hearing was canceled at the request of Carl Cool, County Administrator. See SMB 32 Page 91.
7. Public hearing to consider vacation of easement - Sun ‘n Lake, Unit 16, Lots 6 & 7 Proof of Publication entered into the record. See SMB 32 Page 87. The County Engineer presented request for the vacation of an easement for lots 6 and 7, Unit 16, Sun’n Lakes of Sebring.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to adopt Resolution, vacating the utility and drainage easement as requested. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 page 15.
8. Public hearing to consider closing a portion of unnamed public road Proof of Publication entered into the record and petition presented by Ramon Gavarrete, County BOOK 17 PAGE 654
Engineer. See SMB 32 Page 88.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to adopt Resolution vacating that portion of an unnamed public road as shown on the plat of Lake June in Winter Subdivision recorded in Plat Book 4, Pages 4 and 5, lying between Lot 37 and the east 20 feet of Lot 38, Block 2, and the present right-of-way of State Road 621. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 16.
9. Public hearing regarding assessment for Sheriff’s Law Enforcement Education Trust Fund Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 21. The Board Attorney read the captions of the Ordinance adding a new section 2-6 providing for assessment of additional court cost for certain noncriminal proceedings (traffic infractions) for the Sheriff’s Law Enforcement Education Trust Fund.
Motion by Commissioner Barrett, seconded by Commissioner Flowers, to adopt Ordinance. Commissioner Gose questioned the additional assessments. Rick Helms, Budget Officer, spoke in favor of the Ordinance as a fee for Law Enforcement Education. This fee was previously levied by statute and is no longer levied. This is a reenactment and provides funding for training of officers. Upon roll call, all Commissioners voted aye. Motion carried.
10. Public hearing regarding records maintained by the Clerk of the Circuit Court Proof of publication entered into the record. See Proof of Pub Ordinance Book 2 Page 22. The Board Attorney read the captions of the Ordinance into the record. This Ordinance amends Paragraph (d) of Section 2-5 providing for consistency of records maintained by the Clerk of Courts.
Motion by Commissioner Gose, seconded by Commissioner Barrett, to adopt Ordinance amending (d) of Section 2.5. Upon roll call, all Commissioners voted aye. Motion carried.
11. Public hearing to consider settlement of Case No. GC-97-230 - BROWN vs. HIGHLANDS COUNTY, et al Proof of Publication entered into the record. See SMB 32 Page 89. The County Administrator and the Attorney recommended the Board readvertise this hearing. The location was incorrectly advertised for the new Government Center. The Board gave a consensus to renotice.
12. Landfill Committee recommendations Commissioner Maxcy presented a report from the Landfill Committee. He advised that the committee voted 5 to 0 to recommend in a motion that the Board of County Commissioners not consider privatization of the Highlands County landfill at this time. Serval reasons were cited for this decision. See SMB 32 Page 90 for copy. The Board discussed the findings and thanked Commissioner Maxcy and the committee for their hard work and dedication. Gabriel Read, a member of the committee, spoke in regards to continuing the committee to make sure these things never happen again. The Chairperson suggested that we allow the Solid Waste Director complete the goals BOOK 17 PAGE 655 and make the decisions for the operation of the landfill. He can come back to the Board with an update on how these goals are accomplished. The committee to meet on July 30 to tie things together and then cease.
12. ADJOURN The meeting adjourned at 10:20 a.m.
______Chairperson
Attest: ______Clerk
**************************************************************************************************** BOOK 17 PAGE 675
PUBLIC HEARING OF THE BOARD, AUGUST 25, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present: Jeri Canale C Michael Eastman James L. Gose Carl Cool Guy Maxcy J Ross Macbeth David Flowers Louise Graham J D Barrett
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Richard Conover.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. NEW BUSINESS: HEARING # 1471 - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS - C/O JIM POLATTY, DEVELOPMENT SERVICES DIRECTOR Proof of Publication entered into the record. See SMB 32 Page 131. Part A - Area 1: Generally described as: Part of the Silver Lake Wildlife and Environmental Area: A portion of Sec 33, TWP 33 South, RNG 28 East, and a portion of SEC 28, TWP 33 South, RNG 28 East, about 404 Acres on the west side of Silver Lake, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Part B - Area 2: Generally described as: Part of the Sun ‘n Lake Preserve: Sun ‘n Lake Estates of Sebring, Units 17, 19, and 24, at the west side of Sun ‘n Lake Sebring, Highlands County, FL, bounded on the west by the Hardee County Line and on the east by Balboa Blvd., for a rezoning to “CM” (Conservation/Management Lands district) from “R-1” (Residential district). Part C - Areas 3/4: Generally described as: Highlands Hammock State Park and Expansion Area: All of Sections 31, 32 & 33, TWP 34 South, RNG 28 East and portions of Sections 4, 5,6,9, 16, & 21, TWP 35 South, RNG 28 East, on the west side of the County at the intersection of SR 635 and SR 634, Highlands County, FL, generally bounded on the west by the Hardee County Line and on the east by SR 635, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district), “PU” (Public Lands district), and “EU” (Estate district). Part D - Area 5: Generally described as: Seven Lakes Environmental Area: Portions of Sections 14 & 15, TWP 35 South, RNG 28 East, on the east side of SR 635, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Part E - Area 6: Generally described as: Part of the Carter Creek Wildlife and Environmental Area: Portions of Sections 15 & 22, TWP 34 South, RNG 29 East, on the south side of Arbuckle Creek Rd., Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “EU” (Estate district). Part F - Area 7: Generally described as: Part of the Jack Creek Environmental Area: Portions BOOK 17 PAGE 676
of Section 3,4,9,10, TWP 36 South, RNG 29 East, South of Josephine Creek on the West side of US- 27, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Part G - Area 8: Generally described as: Part of the Lake Apthorpe Wildlife & Environmental Area: Portions of Sections 7 & 8, TWP 36 South, RNG 30 East, on the North side of Lake Apthorpe, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Part H - Area 9: Generally described as: Lake June West State Park: Portions of Sections 28 & 33, TWP 36 South, RNG 29 East, and Portions of Sections 3 & 4, TWP 37 South, RNG 29 East, on the west side of Lake June, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Part I - Area 10: Generally described as: Placid Lakes Wildlife and Environmental Area: Portions of Sections 26, 27, 34, 36, TWP 37 South, RNG 29 East, and Portions of Section 31, TWP 37 South, RNG 30 East, South of Placid Lakes Subdivision on the Southwest side of Lake Placid, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district), “R-1" (Residential district), “R-2" (Two Family Dwelling district), “R-3" (Multiple Dwelling district), “B-1" (Neighborhood Business district), “B-2" (Limited Business district), and “B-3" (Business district). Part J - Area 11: Generally described as: The Venus Flatwoods Preserve: A portion of Sections 14 & 15, TWP 39 South, RNG 29 East, about 99 Acres on Old State Rd. No. 8 North of Venus, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Part K - Area 12: Generally described as: The Platt Branch Mitigation Park and Wildlife and Environmental Area: Portions of Sections 25,26,33,34,35,36, TWP 39 South, RNG 29 East, on the Southern County Border, West of US-27, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Part L - Area 13: Generally described as: The Istokpoga Creek Managed Land Area: Portions of Sections 27,28,33,34, TWP 35 South, RNG 31 East, on the East side of Lake Istokpoga, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Part M - Area 14: Generally described as: Part of The Kissimmee River Restoration Project, Pools B & C: Land on the West side of the Kissimmee River from the Avon Park Bombing Range on the North to Locks Access Road on the South, owned by the South Florida Water Management District, Portions of Sections 10,11,14,15,22,23,26,27,35 &36, TWP 34 South, RNG 31 East, and Portions of Sections 1,2,12,13,24,25, TWP 35 South, RNG 31 East, and Portions of Sections 6,7,8,16,17,18,19,20,23,24,25, TWP 35 South, RNG 32 East, Highlands County, FL, for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Part N - Area 15: Generally described as: Part of The Kissimmee River Restoration Project, Pool D: Land on the West side of the Kissimmee River from the Locks Access Road on the North to the County boundary on the south, owned by the South Florida Water Management District, Portions of Sections 34,35,36, TWP 35 South, RNG 32 East, and a portion of Section 1, TWP 36 South, RNG 32 East, and portions of Sections 7,8,16,17,18,20,28,33,34,35, TWP 36 South, RNG 33 East, and portions of Sections 2,11,21,24,25,26,36, TWP 37 South, RNG 33 East, Highlands County, FL, BOOK 17 PAGE 677
for a rezoning to “CM” (Conservation/Management Lands district) from “AU” (Agricultural district). Jim Polatty stated that the County proposes to rezone to CM (Conservation/Management district), 15 areas identified on the County Future Land Use Map as Conservation/Management Land. The 15 areas are all sites owned by public agencies and were purchased for conservation or similar use. The proposed rezoning to CM is to give consistency to the FLUM designation. The Chair opened the floor to the public. No one spoke for or against the zoning.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve the CM zoning resolution, after entering the mandatory findings into the record, with the exception of the Jackson Creek area. Upon roll call, Commissioners Maxcy and Flowers voted aye. Commissioners Barrett, Gose and Canale voted nay. The motion did not carry.
Motion by Commissioner Gose, seconded by Commissioner Barrett, to approve the recommendations of Planning and Zoning to adopt the CM zoning resolution, after entering the mandatory findings into the record. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. See Res. Book 12 Page 29.
5. Public hearing to consider consensus changes to revised Evaluation and Appraisal Report (EAR) Proof of Publication entered into the record. See SMB 32 Page 132. Jim Polatty reviewed proposed changes to the EAR. See SMB 32 Page 133 for copy.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve Resolution with a change to the minutes of August 11, 1998, Book 17 Page 666 to read that the consensus of the Commission was to place a disclaimer at the bottom of the map stating that this map contains inaccuracies and to transmit the revised EAR to the Department of Community Affairs. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 30.
6. Public hearing to consider vacation of easement - Sun ‘n Lakes, Unit 20, Block 440, Lots 7 & 8 The County Engineer presented the Petition and Proof of Publication into the record. See SMB 32 Page 134. Motion by Commissioner Barrett, seconded by Commissioner Maxcy, to adopt Resolution to vacate the utility and drainage easement along the common lot line dividing Lots 7 and 8, Block 440, Sun‘n Lakes, Section Twenty. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 31.
7. Public hearing to consider vacation of easement - Sebring Shores, Portion of Lot 31, Block 2 Petition and Proof of Publication entered into the record. See SMB 32 Page 135. Motion by Commissioner Barrett, seconded by Commissioner Flowers, to adopt Resolution to vacate the utility and drainage easements lying on a portion of Lot 31, Block 2, Sebring Shores for Jonathan BOOK 17 PAGE 678
B. and Jessica G. Newborg, Petitioners. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 32.
8. Public hearing to consider vacation of easement - Placid Lakes, Section 20, Block 252, Lots 32 & 33 Petition and Proof of Publication entered into the record. See SMB 32 Page 136. Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt Resolution to vacate the 10 foot utility and drainage easements lying on the easterly side of Lot 32 and the westerly side of Lot 33, less the southeasterly 10 feet of Placid Lakes, Block 252, Section 20 for Larry M. and Judith K. Wall, Petitioners. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 12 Page 33.
9. Public hearing to consider plat vacation - Highlands Ridge - Phase 5 Proof of Publication and Petition entered into the record. See SMB 32 Page 137. Motion by Commissioner Gose, seconded by Commissioner Barrett, to adopt Resolution vacating a portion of a plat located in Highlands Ridge, Phase 5 for John B. Juve. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 34.
10. Public hearing to consider vacation of easement - Sun ‘n Lakes, Section 29, Lots 1 & 2, Block 425 Petition and Proof of Publication entered into the record. See SMB 32 Page 138. Motion by Commissioner Gose, seconded by Commissioner Barrett, to adopt Resolution to vacate the utility and drainage easements lying within Lots 1 & 2, Block 425, Sun’n Lakes Section Twenty Nine for petitioners, Scott and Tracy Seignious. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 35.
11. Public hearing to consider Brown v. Highlands County, et al, case no. GC 97-230 Proof of Publication entered into the record. See SMB 32 Page 139. The Board Attorney explained that this case involved two friends that ran into each other at an intersection in Avon Park Lakes. The Plaintiffs have alleged failure by the County, to maintain the intersection. No verification was established that the accident ever took place. Mediation was held on the case and the plaintiff was willing to settle for $1,000, which was less than litigation cost.
Motion by Commissioner Barrett, seconded by Commissioner Gose, to approve mediation settlement for payment to the plaintiff, Brown, for $1,000 and to execute the summary. The Board discussed the case and decided to send a message that the County will not be held hostage to frivolous lawsuits. Commissioner Barrett withdrew his motion. Commissioner Gose withdrew his second.
Motion by Commissioner Flowers, seconded by Commissioner Barrett, to deny the claim for settlement. David Will and Gabriel Read spoke in favor of the motion. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 32 Page 140.
12. Public hearing to consider an ordinance prohibiting alcoholic beverages on County BOOK 17 PAGE 679
property See Proof of Pub Ordinance Book 2 Page 23 for copy of advertisement. The Board Attorney read the captions of the ordinance into the record and stated that the new section prohibits consumption of alcoholic beverages and the possession of any open container containing alcoholic beverages while on County property.
The Chair opened the floor to the public. No one spoke for or against the ordinance. Motion by Commissioner Barrett, seconded by Commissioner Flowers, to adopt ordinance prohibiting consumption of alcoholic beverages and open containers on county property. Upon roll call, all Commissioners voted aye. Motion carried.
13. Code of Ethics consideration The Chair explained the Code of ethics for County Officials adopted by the Florida Association of Counties. She noted that she was instrumental in working with the FAC to get this document adopted by the State.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt the Code of Ethics for County Officials in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 32 Page 141.
14. Appointments to Tourist Development Council Commissioner Maxcy presented the recommendations of the Tourist Development Council for appointments of Vance Hawkins, Mark Baker and Sandra J. Greenslade, to fill the slots of the existing openings.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to appoint the members as recommended by the Tourist Development Council. Louise England from the office of EDC, reaffirmed the recommendations. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 32 Page 142 for copy of resumes.
15. Clerk of Courts: Appointments to Value Adjustment Board L.E. “Luke” Brooker, Clerk of Courts, recommended the Board appoint three members to serve on the Value Adjustment Board.
Motion by Commissioner Gose, seconded by Commissioner Barrett, to appoint Commissioner Maxcy to serve as Chair and Commissioners Canale and Flowers as members to serve on the Value Adjustment Board. Upon roll call, all Commissioners voted aye. Motion carried.
16. Budget amendment 97-98-417 for Landfill equipment Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve budget amendment 97-98-417 for the reallocation of funds to complete emergency repairs on the D7 dozer used at the landfill. Upon roll call, all Commissioners voted aye. Motion carried.
BOOK 17 PAGE 680
17. Water Use Committee appointment The Board gave a consensus that Wendell Whitehouse be designated as the voting member and Carl Cool as the alternate at the Water Use Committee meeting in Hardee County.
18. ADJOURN The meeting adjourned at 10:00 a.m. ______Chairperson
Attest: ______Clerk
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BOOK 18 PAGE 7
PUBLIC HEARING OF THE BOARD, OCTOBER 27, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present: Jeri Canale C Michael Eastman James L. Gose Carl Cool Guy Maxcy J Ross Macbeth David Flowers Louise Graham
Commissioner J.D. Barrett was not present.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Richard Conover.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to set the action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.
4. Public hearing to consider proposed zoning changes and Small-scale Plan Amendment NEW BUSINESS: HEARING #1472 - LUIS CELAYA & ENRIQUE RODRIGUEZ C/O JOHN MCCLURE An approximately 10.74 acre tract located in Sec. 22, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to AU (Agricultural). Applicant desires cultivation of a fig orchard. Petition and Proof of Publication entered into the record by Jim Polatty, Development Services Director. See SMB 33 Page 20. Mr. Polatty presented an Analysis of the Petitioner’s proposal. Staff recommendation was to deny the request as, AU uses may not be compatible with adjoining vested single-family residential lots.
The Chair opened the floor to the public. Hank Kowalski spoke in opposition to the request, stating concerns for spot zoning. He also presented a map into the record depicting the proposed farm site. See SMB 33 Page 21. John McClure, Attorney for the applicant, spoke for the zoning request. He asked that the property be zoned with a conditional use, solely for the growing of fig trees. He stated that the buyer does not wish to reside on the property. Letter entered into the record from Ireland Sanders of Century 21, stating that the AU use will improve the aesthetics and help attract future growth. See SMB 33 Page 22. Mr. LiyBnan Scheker, farmer, presented information on the growing BOOK 18 PAGE 8 of fig trees. Gabriel Reed stated concerns for zoning changes. Richard Conover spoke in regards to low attendance of members at the zoning hearings. Luis Celaya, applicant, answered concerns from Mr. Kowalski. Motion by Commissioner Gose, seconded by Commissioner Canale, to approve the rezoning with a conditional use only, for an organic fig farm with an amendment to the Resolution, after entering into the record the mandatory findings. Upon roll call, Commissioners Gose and Canale voted aye. Commissioners Flowers and Maxcy voted nay. Motion did not carry.
Break 10:05 a.m. - 10:15 a.m.
5. Workshop: Safety recommendations for George Blvd. / U.S. 27 Sheriff Howard Godwin submitted suggested safety proposals for the Intersection of U.S. 27 South and George Blvd. These safety measures were agreed upon by the Sheriff’s Department and DOT. He advised that it is very important that we are unified in this project. Mr. Don Hansen spoke regarding the efforts he expended toward this accomplishment.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to endorse the Sheriff’s recommendations with an amendment for an Interlocal Agreement with DOT. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 33 Page 23.
6. Proclamation on Mediation Commissioner Gose read the Proclamation into the record. Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt Proclamation designating the week of October 24 through 30, 1998, as Mediation Week in Highlands County The Chair recognized Jan Loeb and Charles Kunz, local mediators. Jan Loeb spoke to the Commission regarding the importance of the program. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 66.
HEARING # CPA - 98-082SS - RODOLFO & RITA SALAZAR Approximately 6.63 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Commercial” and “Medium Density Residential.” HEARING #1473 - RODOLFO & RITA SALAZAR Approximately 6.63 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-1 (Residential district) and B-4 (Business district). Applicant desires a business fronting U.S. 27 and a residence on the rear of the property. The Development Director presented Proof of Publication into the record. See Proof of Pub Ordinance Book 2 Page 25. An Analysis of the Petitioner’s proposal was given. Mr. Polatty recommended that the policy be followed on frontage roads, prohibiting structures within 85 feet of the right-of-way of US 27. Staff recommends approval of the rezoning request to B-4 and R-1 and the Small-Scale Plan Amendment to Commercial and Medium Density Residential. BOOK 18 PAGE 9
Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve the rezoning and adopt Resolution and Ordinance, after entering into the record the mandatory findings, subject to the following conditions: ” Applicant receives environmental clearance pursuant to Natural Resources Element Policy 3.3. ” No structures developed within 85 feet setbacks of U.S. Highway 27. ” Contingent upon approval of the Small-Scale Plan Amendment from DCA.
Carl Cool presented request for a requirement of conveyance of right-of-way, prior to the issuance of the final development order. Mr. Rodolfo Salazar advised that he is not in a financial position at this time to give right-of-way. The Chair opened the floor to the public. Gabriel Reed spoke in favor of the dedication.
Commissioner Gose amended the motion to include that the applicant grant an easement and the setback be 25 feet from the easement. Commissioner Flowers seconded the amendment. After discussion, a motion was made by Commissioner Maxcy, seconded by Commissioner Gose, to table until November 24, 1998 and the County assume the cost of advertising. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING # CPA - 98-083SS - JOHN W. & EILEEN P. VANCE Approximately 4.0 acres located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “Commercial” and “Medium Density Residential” to “Commercial.” HEARING #1474 - JOHN W. & EILEEN P. VANCE Approximately 4.0 acres located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) and R-3 (Multiple Dwelling district) to B-3 (Business district). Applicant desires retail and office units. Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 26. The Development Director presented an Analysis of the Petitioner’s proposal. Staff recommends approval of the rezoning request to B-3 and the Small-Scale Plan Amendment to Commercial Future Land Use Map designation for the entire property. The Chair opened the floor to the public. No on spoke for or against the zoning.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve the B-3 zoning Resolution and Ordinance, after entering into the record the mandatory findings, contingent upon approval of the Small-Scale Plan amendment. See Res. Book 12 Page 67.
8. Public hearing to consider final assessment of Abatement Proof of Publication and Petition entered into the record by Eddie Conklin, Code Enforcement. See SMB 33 Page 24. BOOK 18 PAGE 10
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve final assessment for nuisance abatement on Case #9798-077-Lot 2, and approval to record the proposed liens against the properties. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to approve final assessment for nuisance abatement on Case #9798-078-Lot #3, and approval to record the proposed liens against the properties. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Gose, seconded by Commissioner Maxcy to approve final assessment for nuisance abatement on Case #9798-076-Lot #4, and approval to record the proposed liens against the properties. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 33 Page 25.
9. Workshop: Discussion of Development Services Director position Item deleted from the agenda.
10. Public hearing to consider proposed changes to Chapter 12 - Zoning Code Gary Lower, Zoning Supervisor, presented Proof of Publication into the record. See Proof of Pub Ordinance Book 2 Page 27. Mr. Lower presented recommendation of the Planning and Zoning Commission and Local Planning Agency, providing for amendments to the provisions for official zoning atlas and amendments to uses under special exceptions in the AU Agricultural District. He advised that this is the first of two hearings that will be heard on the ordinance.
Motion by Commissioner Gose, seconded by Commissioner Flowers, to set the second hearing for the adoption on November 17, 1998 at 9:00 a.m. Upon roll call, all Commissioners voted aye. Motion carried.
11. ADJOURN The meeting adjourned at 11:30 a.m. ______Chairperson
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, NOVEMBER 24, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present: James L Gose C Michael Eastman C Guy Maxcy Carl Cool David Flowers J Ross Macbeth Edgar E Stokes Louise Graham Bob Bullard
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner David Flowers. The Pledge of Allegiance was led by the Chair, James Gose.
3. ANNOUNCEMENTS: The County Administrator read the announcements into the record. Additional announcements were presented for the benefit of the public.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to set the Action Agenda with additions as follows:
1) Discussion of the Chastain Skillman Agreements by the Attorney. 2) Sebring Landfill Inc. discussion
Upon roll call, all Commissioners voted aye. Motion carried.
4. Public hearing to consider proposed zoning changes and small-scale plan amendment Proof of Publication entered into the record for Public Hearings by the Development Services Director. See Proof of Pub. Ordinance Book 2 Page 30.
OLD BUSINESS: CPA - 98-084SS - MARY E. BAKER, TRUSTEE C/O PETER H. MCDEVITT Approximately 3.233 acres located in Sec. 11, Twp. 37S, Rge. 29E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Medium Density Residential” The recommendation of the Local Planning Agency was to approve.
HEARING #1475 - MARY E. BAKER, TRUSTEE C/O PETER H. MCDEVITT Requesting a zoning change from AU (Agricultural) to R1-A (Residential district). Applicant desires to create three - one acre lots for single family residential dwelling units. Mr. Polatty presented an analysis of the Petitioner’s Proposal. The Chair opened the floor to the Public. Pete McDevitt, Agent, representing the Petitioner, explained the request and spoke in favor BOOK 18 PAGE 32 of the zoning and Small Scale Amendment. Hank Kowalski stated concerns that the NRAC has not reviewed the zoning. Commissioner Maxcy stated that consideration should be given to Mr. Kowalski’s statement, as it will provide more information to the Commission. Richard Conover presented comments regarding staff not providing proper information.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve the zoning resolution and small-scale plan amendment, with adoption of the ordinance, upon entering into the record, the mandatory findings, contingent upon approval of the small-scale plan amendment by DCA. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 75.
NEW BUSINESS: HEARING #1476 - W. G. & ELIZABETH K. LEITZELL (ESTATE OF) C/O RONNIE CARTER Lot 11, Block 143, Resub of Portion of Section 11, Placid Lakes, as recorded in P.B. 8, Pg. 71 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-2 (Two Family Dwelling district) to R-2 FUD (Two Family Dwelling district with a Flexible Unit Development). The Development Director presented the petition. Applicant desires to have a zero lot line between a common wall of the duplex. The Chair opened the floor to the public. No one spoke for or against the zoning.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt resolution and approve the R-2 FUD Zoning, upon entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 76
5. Public hearing to consider rezone hearing no. 1473 and amendment CPA-98-08255 Mr. Polatty advised that the Board of County Commissioners tabled this hearing on October 27, 1998 to determine the policy concerning the dedication of a 60-foot wide easement for a future frontage road. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to remove this Hearing from the table. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING # CPA - 98-082SS - RODOLFO & RITA SALAZAR Approximately 6.63 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Commercial” and “Medium Density Residential.” HEARING #1473 - RODOLFO & RITA SALAZAR Requesting a zoning change from AU (Agricultural) to R-1 (Residential district) and B-4 (Business district). Applicant desires a business fronting U.S. 27 and a residence on the rear of the property. Ramon Gavarrete, County Engineer, recommended the applicant dedicate the 60-foot easement, according to Board policy. Commissioner Maxcy discussed the hardship to the applicant in giving the easement. The Board Attorney spoke in favor of the requirement due to the need of future frontage roads. Commissioner Bullard spoke in favor of the concept, but stated concerns for no compensation to the applicant. Commissioner Stokes mentioned the liability issue regarding the taking of property. Mr. Macbeth advised that the Board is creating value to the people when the Board allows BOOK 18 PAGE 33
commercial industrial use.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to accept the recommendation of the Planning and Zoning and approve the rezoning and small-scale amendment and adopt resolution and ordinance, after entering into the record the mandatory findings, subject to the following conditions: ” Applicant receives environmental clearance pursuant to Natural Resources Element Policy 3.3 ” Dedication of 60 feet wide right-of-way along US Highway 27 to Highlands County ” Rezoning approval contingent upon approval of the Small-Scale Plan Amendment from DCA. The Chair opened the floor to the public. Gabriel Reed, Loren Eby, Hank Kowalski and Von Whitesides spoke in favor of the motion. Richard Conover spoke in favor of the motion but asked for compensation to the applicant. Mr. Salazar spoke in opposition to the dedication.
Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 77.
6. Public hearing to consider an ordinance amending Building Code Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 31. The Board Attorney acknowledged that the Proof was advertised with the wrong location, but signs have been placed directing the public to the new Boardroom. Changes to the ordinance were reviewed and captions of the Ordinance read into the record. The Chair opened the floor to the public. No one spoke for or against the Ordinance.
Motion by Commissioner Flowers, seconded by Commissioner Bullard, to adopt Ordinance amending Part A of Section One of Article six of Chapter 5.5 of the Code. Upon roll call, all Commissioners voted aye. Motion carried.
7. Public hearing to consider a grant amendment for Highway Park Water System Proof of Publication entered into the record by David Heacock, Housing Director. See SMB 33 Page 60. Fred Fox, of Fred Fox Enterprises, Inc. reported that he has prepared a grant budget amendment and the required closeout documents. The close out will be in time to permit Highlands County to apply for the new Community Development Block Grants in 1999.
Motion by Commissioner Bullard, seconded by Commissioner Flowers, to approve the amendment to the Highway Park Water System Block Grant contract. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 33 Page 61
8. Public hearing to consider purchase of Almedina property Proof of Publication and petition entered into the record by the Special Projects Director, Bill Stephenson. See SMB 33 Page 62. Mr. Stephenson advised that this property is needed for construction of Ruth Road in the Red Hills Farm District and will be paid for out of the District.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve Land Purchase BOOK 18 PAGE 34
Agreement from James and Patricia A. Almedina for the easterly 30 feet of the westerly 60 feet of lot 6, Block 6 of Avon Park Estates, Unit 3, in the amount of $1184.00. Upon roll call, all Commissioners voted aye, except Commissioners Maxcy, who voted nay. Motion carried.
9. Public hearing to consider purchase of Frazier property Proof of Publication entered into the record. See SMB 33 Page 63. This property is also needed as right of way for Ruth Road and it fronts on Highway 64. Carl Cool reported that the petitioner is asking the exact amount paid for the property. The Fraziers are also asking that the Board amend the Red Hill Farms District and remove their lots from that district. The Board Attorney stated that if this is a condition of the transaction, the Board must reschedule the Public Hearing and include in the advertisement the request to remove property from the district.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to table this hearing until December 22, 1998, to advertise the Public Hearing properly. Commissioner Maxcy asked that the County Administrator review the cost. Upon roll call, all Commissioners voted aye. Motion carried.
10. Public hearing to consider purchase of Breed property Proof of Publication entered into the record. See SMB 33 Page 64. Carl Cool explained the proposed purchase for parking with the idea of one stop shopping, when the County Engineer moves into the annex.
Motion by Commissioner Stokes, seconded by Commissioner Flowers, to approve land purchase contract from Charlotte N. Breed for the South ½ of Lot 3, Block 83, Town of Sebring, Fourth Addition for $28,000. The Chair called for public input on the motion. Richard Conover presented comments on lack of information supplied to the public. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained, and entered into the record a Memorandum of voting conflict, as the owners of the property are distant relatives Motion carried. See SMB 33 Page 65 for copy.
11. Public hearing to consider an ordinance regarding Desoto City Special Benefit Fire District Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 32. Captions of the Ordinance read into the record by the Board Attorney. Mr. Macbeth explained that he has updated the Ordinance to comply with Florida Statutes. The same legal description from the past Ordinance was included.
Tim Eures, Emergency Operations Director, reported that questions have been presented regarding the legal description defining the district’s boundaries. The Sebring Airport Authority may be included. The district has been in place since 1982, and the residents have never been granted an exemption nor have they paid a special fire assessment. Treasa Handley, Special Assessment Coordinator, presented information regarding the assessment roll. Ellene Fields, Chairperson for the Sebring Airport Authority, asked the Commission to delay the update on the Ordinance, to allow the district to be remapped. If they are within the boundaries, BOOK 18 PAGE 35 an exemption will be considered.
Motion by Commissioner Bullard, seconded by Commissioner Flowers, to table the motion on adoption of the Ordinance amending Article XIV of Chapter 9 of the Code for the Desoto City Special Benefit Fire District. Upon roll call, all Commissioners voted aye. Motion carried. Ben Henley, Desoto City Asst. Fire Chief, presented suggestions for making changes to the Fire District. He recommended expanding the district to add more revenue and provide more fire service to outlying areas where the insurance ISO rating is 10. If more hydrants can be placed to within 1,000 feet of serviced communities, the ISO ratings can drop.
The Chair requested that Commissioner Flowers remain as liaison to the Fire Chiefs Task Force and that the Operations Director be included and address the issues and bring back recommendations to the Board.
Break 10:50 a.m. - 11:00 a.m.
12. Chastain Skillman Contract Agreement discussion Carl Cool reviewed the memo from Charles Lairsey, Internal Auditor, for the Clerk of Courts, regarding concerns of the Chastain Skillman Agreements. Mr. Lairsey presented five concerns.
1. There is apparently no documentation supporting reviews of the proposed cost estimates.
2. Supplemental agreements have been negotiated as “Lump Sum” payments and periodic partial payments have been made which is inconsistent with the terms and conditions of the supplemental agreements.
3. There is no apparent documentation for the partial payments (except one instance) and review of the percent complete.
4. I have been unable to determine if department heads have authorization to negotiate supplemental agreements.
5. The truth-in-negotiation certificate addressed in Article 4 of the Contract for Continuing Services requires the county to exercise our rights under the “Certificate” within one year following final payment.
Mr. Cool stated that all five questions may be answered by reading the master contract or the county’s purchasing manual. He agreed that staff could provide more detail in negotiating and documenting supplemental agreements. Commissioner Bullard requested a summary sheet of documentation. Commissioner Maxcy stated that the public has not been ill served by the way the County Administrator oversees negotiations with Chastain-Skillman, Inc. Commissioner Bullard also agreed that staff has done an excellent job in the negotiations but BOOK 18 PAGE 36
that Mr. Lairsey has brought up some good points that might allow us to do the job better in the future. Mr. Bullard stated that the board would be better assured a department head has reviewed the cost estimates if Chastain-Skillman’s per hour rate were included in the supplemental agreement.
Ross Macbeth addressed Item number 2. The master contract defines “lump sum” as the total cost for a job - not that the contractor must receive only one “lump sum” payment upon completion. Item number 5- Mr. Macbeth advised that staff does prepare and negotiate contracts. The Board only has the power to approve contracts. See Chastain-Skillman Contract file for copy of memo and back up documentation.
13. Sebring Landfill, Inc. Carl Cool reported that Sebring Landfill, Inc. will not be taking any more construction and demolition debris into the landfill from Highlands County. This is the only public landfill for accepting the debris. He recommended that the construction and demolition debris be accepted at the Arbuckle Landfill at $35.00 per ton until proper permits are in order. The cost will then be reduced at approximately $10.00 per ton.
Commissioners also discussed reopening part of the C&D landfill in Avon Park. This will be discussed at a workshop in December 1998.
The Board gave a consensus to authorize the C& D debris at the Arbuckle Landfill and move forward to open a site at this location. Ross Macbeth advised that the government is severely limiting waste from coming into the County. He stated that the best way to regulate the waste is to have a county-operated C & D Landfill and change the zoning code not allowing waste from another county. The Board discussed the fee of $35.00. Refer to tape for further details.
14. Maranatha Village update
15. ADJOURN The meeting adjourned at 12:12 p.m. ______Chairperson
Attest: ______Clerk
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BOOK 18 PAGE 55
PUBLIC HEARING OF THE BOARD, DECEMBER 22, 1998
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present: David Flowers Charles Lairsey C Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham
Chairman Gose was absent from the Public Hearing. Vice-Chair David Flowers presided.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bob Bullard. The Pledge of Allegiance was led by the Vice-Chair, David Flowers.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional announcements were presented for the benefit of the public.
4. Public hearing to consider a proposed zoning change HEARING #1477-HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Lots 30 thru 39, Lots 41, 42, and 47, Block 750, Replat of Unit 15 of Sun ‘N Lakes of Sebring, as recorded in P.B. 15, PG. 64, of the Public Records of Highlands County Florida. Lots 1 thru 16, Block 256, Unit 13 of Sun ‘N Lakes of Sebring as recorded in P.B. 9, PG. 71 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district including Motel and Hotel) and R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) to R-3 NC (Non-Commercial Multiple Dwelling) and R-3 NC FUD (Non-Commercial Multiple Dwelling with a Flexible Unit Development). Petition and Proof of Publication presented into the record by Gary Lower, Zoning Supervisor. See SMB 33 Page 92. The Chair opened the floor to the public. Gabriel Read spoke regarding dedication of right of ways. The County Administrator advised that the dedications were made when the plat was recorded. Mr. Lower explained that the need for the zoning change is to allow only uses consistent with the existing and intended residential development in the adjoining areas. Ms. Maria Guerrero spoke against the rezone as it may cause her property to depreciate. Commissioner Maxcy questioned the impact to the property owner. Ross Macbeth advised that the Board is helping to preserve the integrity of existing multi- family neighborhood environment.
Commissioner Stokes made a motion, seconded by Commissioner Bullard, to adopt Resolution, and approve as presented, excluding Lots 15 and 16, Block 256, Sun’n Lake of Sebring, Unit 13, after entering into the record the mandatory findings Upon roll call, all members voted aye. See Res. Book 12 Page 84. BOOK 18 PAGE 56
5. Public hearing to consider proposed small-scale plan amendments and a large- scale plan amendment Proof of Publication for hearings entered into the record. See Proof of Pub Ordinance Book 2 Page 33.
HEARING # CPA - 98-087SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Approximately 3.33 acres located in Sec. 3, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Public/Quasi-Public Facility.” The property is being used for the County Lake Placid Road and Bridge Barn.
HEARING # CPA - 98-088SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Approximately 2.90 acres located in Sec. 17, Twp. 35S, Rge. 31E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Public/Quasi-Public Facility.” The property is the location of the old Lorida School House.
HEARING # CPA - 98-089SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Approximately 4.75 acres located in Sec. 17, Twp. 35S, Rge. 31E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Public/Quasi-Public Facility.” The property is being used for the Lorida Community Building.
HEARING # CPA - 98-090SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Two Blocks marked Park lying between Blocks 21 & 22 & West ½ closed 1st Avenue East, Desoto City 2nd Subdivision as recorded in P.B. 1, Pg. 39 of the Public Records of Highlands County, Florida. Approximately 5.3 acres. Requesting a Small-Scale Plan Amendment from “Medium Density Residential” and “General Agriculture” to “Public/Quasi-Public Facility.” The property is being used for the Desoto City Ballfield and Community Center.
HEARING # CPA - 98-091SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Lots 1343 and 1344, Avon Park Lakes, Unit 4 as recorded in P.B. 4, Pg. 91 of the Public Records of Highlands County, Florida. The property is being used as an Avon Park Lakes Neighborhood Park. Staff has determined that this item should be deleted and returned to the tax rolls.
HEARING # CPA - 98-092SS - HIGHLANDS COUNTY BOARD OF COUNTY BOOK 18 PAGE 57
COMMISSIONERS An approximate .72 acre tract lying in Sec. 9, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “Business” to “Public/Quasi-Public Facility.” The property is being used for a Fire Station on North U.S. Hwy. 27.
HEARING # CPA - 98-093SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Approximately 7.79 acres located in Sec. 13, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “General Agriculture” to “Public/Quasi-Public Facility.” The property is being used for the County Avon Park Road and Bridge Barn.
HEARING # CPA - 98-094SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Lot 33, Block 3, Lake Josephine Subdivision, as recorded in P.B. 4, Pg. 60 of the Public Records of Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “Medium Density Residential” to “Public/Quasi- Public Facility.” The property is being used for a Lake Josephine Park and Boat Ramp.
HEARING # CPA - 98-095SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS An approximate .52 acre tract located in Sec. 13, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “Medium Density Residential” to “Public/Quasi- Public Facility.” The property is being used for the Lake Sebring Canal Outlet (next to old Lake Sebring Casino).
HEARING # CPA - 98-096SS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS An approximate .32 acre tract located in Sec. 14, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “Medium Density Residential” to “Public/Quasi- Public Facility.” The property is being used for the Lake Sebring Boat Ramp. Duane Neiderman presented the requests. He explained Hearing # CPA - 98-091SS and stated that currently it is not being used for a park and will probably never be used for a park. There were no letters received and no one spoke for or against the request. The consensus of the Board was to delete this hearing.
Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve Hearing # CPA - 98-087SS thru CPA - 98-096 excluding CPA-98-091SS, after entering into the record the mandatory findings and adopt ordinances. Upon roll call, all members voted aye. Motion carried. George White, representing Sebring Fireman Inc., appeared before the Commission with request that BOOK 18 PAGE 58 the Commissioners participate in the 5th Annual 12 Hours of Sebring BBQ at the Highlands County Fairgrounds on January 8th and 9th, 1999. He would like for the board members to be a part of the parade to be held on January 8, 1999 at 12:30 p.m.
HEARING #CPA-98-080LS - HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS (HIGHLANDS RIDGE ASSOCIATES) Proof of Publication entered into the record. See Proof of Publication Ordinance Book 2 Page 34. Approximately 53.13 acres out of an approximately 390-acre parcel located in Secs. 4 & 33, Twp. 33S, Rge. 29E, Highlands County, Florida. Requesting a large-scale Plan Amendment from “General Agriculture” to “Low Density Residential.” This is a change to the initial request for “Medium Density Residential” in response to an Objections, Recommendations and Comments (ORC) Report from the Florida Department of Community Affairs (DCA). The applicant desires to provide 134 residential lots around an 18-hole golf course. Duane Neiderman briefly explained the request. There was no one in the audience to speak for or against the request. Motion by Commissioner Bullard, seconded by Commissioner Stokes, to approve in accordance with Local Planning Agency recommendation, the large-scale Plan Amendment from “General Agriculture” to “Low Density Residential” and adopt ordinance with the mandatory findings entered into the record. Upon roll call, all members voted aye. Motion carried.
6. Public hearing to consider vacation of easement - Placid Lakes Petition and Proof of Publication entered into the record by the County Engineer, Ramon Gavarrete. See SMB 33 Page 93. Petitioner was represented by Peggy Chapman. The Chair opened the floor to the public. No one spoke for or against the petition.
Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt Resolution to vacate the 10 foot utility and drainage easement lying on the easterly side of Lot 38 and the westerly side of Lot 37, less the northerly 10 feet of Placid Lakes, Block 280, Section 20. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 85.
7. Public hearing to consider exchange of property Ramon Gavarrete, County Engineer presented request to exchange real county property for other real property necessary for right of way certification for planned improvements to County Road 621, being an existing bridge number 094020 replacement with new bridge number 094046 at Stearns Creek. Proof of publication entered into the record. See SMB 33 Page 94. The Chair opened the floor to the public. No one spoke for or against the petition.
Motion by Commissioner Maxcy, seconded by Commissioner Bullard, to accept properties described as parcel #13 in exchange for parcel 12, together with all improvements and accept a quit claim deed for parcel 6, being the overall quit claim deed for the right of way east and west of the bridge, and for parcel 9 that describes the land not contained in other parcels for the bridge construction on County Road 621 and adopt Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 86. BOOK 18 PAGE 59
8. Public hearing to consider establishing Highway Park Special Benefit District Proof of Publication entered into the record. See Proof of Publication Ordinance Book 2 Page 35. Carl Cool presented a petition from the residents of Highway Park denoting that 103 persons were in favor and 3 persons were in opposition to forming a Special Tax District for the purpose of street lights in Highway Park. The cost of the street lights will be approximately $20.00 per year per resident or $5.00 per year for vacant lots. See SMB 33 Page 95 for copy. Captions of the ordinance read into the record by the County Administrator. Mr. Cool explained the steps necessary to complete the process and set up the district. Commissioner Maxcy recognized Don Darling of Lake Haven Estates, who went through the same process to install street lights in his neighborhood. Mr. Darling presented recommendations for the establishment of the district.
Motion by Commissioner Stokes, seconded by Commissioner Bullard, to adopt ordinance, to proceed with establishing the Highway Park Special Benefit District. Upon roll call, all Commissioners voted aye. Motion carried.
9. County Administrator-Sale of County owned fruit Motion by Commissioner Maxcy, seconded by Commissioner Bullard, to approve request to sell the fruit jointly owned with the City of Sebring, from the right of way of Garrett Grove on Ben Eastman Road in the Eucalyptus Parkway to Sebring Packing Company for $4.50 per pick box, subject to approval by the City of Sebring. The Chair opened the floor to the public. No one spoke for or against the request. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 33 Page 96.
10. Messinah Escrow Improvement Agreement Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to accept the advice of the Board Attorney to release $35,000 from the escrow account to pay the subcontractors for the work completed in accordance with the improvement agreement Upon roll call, all Commissioners voted aye. Motion carried.
11. Robert Tennant-road right of way-Brunns Road The Board gave a consensus to send a letter to Lupe Lerma, the adjacent property owner, asking that he not obstruct right of way of Mr. Robert Tennants property, at 3007 Brunns Road, and allow him access to his driveway. Mr. Macbeth advised that neither property owners’ deed is specific as to ownership of the right of way. He believes that the County could take the position that there is an expressed intent for a road right of way, and accept that right of way and put a road through the property. Mr. Tennant spoke in favor of the Board sending the letter. Gabriel Read spoke in favor of right of way dedication. See SMB 33 Page 97. BOOK 18 PAGE 60
12. M.E. Stephens III, Inc. letter Commissioner Maxcy read a letter into the record from M.E. Stephens III, in opposition to any county gun laws or restriction, despite the gun amendment that recently passed. See SMB 33 Page 98 for copy of letter.
13. ADJOURN The meeting adjourned at 10:25 a.m. ______Chairperson
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, JANUARY 26, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present: James L. Gose C. Michael Eastman David Flowers Carl Cool Edgar E Stokes J. Ross Macbeth Bob Bullard Louise Graham
Commissioner Guy Maxcy was absent from the Public Hearing.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner David Flowers. The Pledge of Allegiance was led by Commissioner Edgar Stokes.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional announcements were presented for the benefit of the public.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, to set the Action Agenda with the addition of an item for the Sheriff Department. Upon roll call, all Commissioners voted aye. Motion carried.
A. Sheriff’s Department - Local Law Enforcement Block Grant Susan Benton requested approval from the Commission to accept Grant Award in the amount of $47,427.00 and to approve Resolution and Budget Amendment to allocate the revenues and expenditures in the budget. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve the Grant Award with appropriate Resolution and Budget Amendment. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 94.
4. Public hearing to consider a proposed zoning change NEW BUSINESS: HEARING #1478 – ETTER ROLLAND ET AL AND R. E. & ELIZABETH J. WALDRON C/O RICK WHIDDEN Lots 1, 2, 3 & 4, Block 117, Placid Lakes, Section 9, as recorded in Plat Book 8, Page 5 of the Public Records of Highlands County, Florida. Requesting a zoning change from B-1 (Neighborhood Business district) to B-2 (Limited Business district). Proof of Publication and Petition entered into the record by Jim Polatty, Development Services Director. See SMB 33 Page 128. The Chair opened the floor to the public. Hank Kowalski spoke regarding lack of information available to the Commission for determination on environmental issues. Motion by Commissioner Stokes, seconded by Commissioner Bullard, to adopt Resolution, approving BOOK 18 PAGE 82
the B-2 rezoning, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 95.
HEARING #1479 – HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS C/O Jim Polatty, Development Services Director Site “1” - Approximately 2.90 acres in Sec. 17, Twp. 35S, Rge. 31E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to PU (Public Lands district). The property is the location of the old Lorida School House.
Site “2” - Approximately 4.75 acres located in Sec. 17, Twp. 35S, Rge. 31E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to PU (Public Lands district). The property is being used for the Lorida Community Building.
Site “3” - Two Blocks marked Park lying between Blocks 21 & 22 & West ½ closed 1st Avenue East, Desoto City 2nd Subdivision as recorded in P.B. 1, Pg. 39 of the Public Records of Highlands County, Florida. Approximately 5.3 acres. Requesting a zoning change from R-1 (Residential district) to PU (Public Lands district). The property is being used for the Desoto City Ballfield and Community Center.
Site “4” - Approximately 1.45 acres lying in Sec. 9, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from B-1 (Neighborhood Business district) and R-1 (Residential district) to PU (Public Lands district). The property is being used for a Fire Station on North U.S. Hwy. 27.
Site “5” - Approximately 7.79 acres located in Sec. 13, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to PU (Public Lands district). The property is being used for the County Avon Park Road and Bridge Barn.
Site “6” - Lot 33, Block 3, Lake Josephine Subdivision, as recorded in P.B. 4, Pg. 60 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1A (Residential district) to PU (Public Lands district). The property is being used for a Lake Josephine Park and Boat Ramp.
Site “7” - An approximate .52 acre tract located in Sec. 13, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district) to PU (Public Lands district). The property is being used for the Lake Sebring Canal Outlet (next to old Lake Sebring Casino).
Site “8” - An approximate .32 acre tract located in Sec. 14, Twp. 34S, Rge. 28E, Highlands County, Florida. BOOK 18 PAGE 83
Requesting a zoning change from R-1A (Residential district) to PU (Public Lands district). The property is being used for the Lake Sebring Boat Ramp. Mr. Polatty explained that the zoning includes the adoption of two Resolutions. One Resolution is for the approval of all zoning sites. The other Resolution includes the second lot on Site 4 that did not include a Comprehensive Plan amendment, and will be contingent on the future Comprehensive Plan being approved. The Planning and Zoning Commission recommended approval of all sites.
The Chair opened the floor to the public. No one spoke for or against the zoning. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to adopt Resolutions in accordance with Planning and Zoning recommendations and approve all rezoning, excluding Tract B that is contingent upon approval of the Small-Scale Plan Amendment from DCA, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 96 and 97.
5. Public hearing to consider vacation of plat, Sun ‘n Lake Estates-Ridge Resort Management Corporation Proof of Publication and Petition presented by Ramon D. Gavarrete, County Engineer. See SMB 33 Page 129. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Resolution vacating a portion of Sun’n Lakes Estates, Block 441, Unit 20, Lots 16, 17, 24 and 25. The Chair opened the floor to the public. No one spoke for or against the vacation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 98.
6. Public hearing to consider an ordinance regarding Belle Aire Estates Special Benefit District Carl Cool presented the Proof of Publication and request into the record. See Proof of Pub Ordinance Book 2 Page 36. Mr. Cool explained that Ordinance 97-3 provided for the establishment of the new District and since no assessment was approved, this ordinance repeals 97-3. Mr. Macbeth read the Captions of the Ordinance into the record. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to adopt ordinance repealing 97-3, pertaining to the establishment of Belle Aire Estates Special Benefit District. Upon roll call, all Commissioners voted aye. Motion carried.
7. Public hearing regarding TYRONE DEJESUS, Employee, vs. HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS, Employer, Claim no. 056-58-9039 Proof of Publication entered into the record by Carl Cool, County Administrator. See SMB 33 Page 130. Ross Macbeth noted that this public hearing was set to consider settlement of the claim pending in the State of Florida, Department of Labor, and Employment Security, Division of Worker’s Compensation. Mr. DeJesus was an employee of Highlands County working at the Emergency Operations Center. He claimed after leaving employment that he developed breathing problems and a reaction from the air conditioner that was a part of the facility. Mr. Macbeth felt that the case was weak but not necessarily without merit. At this point the public hearing was recessed to allow staff to search for pertinent information BOOK 18 PAGE 84
regarding the case.
9. Public hearing to consider purchase of property The County Administrator read into the record the public hearing notice of advertisement. See SMB 33 Page 131. Mr. Cool stated that this piece of property is needed to provide parking at the jail and is necessary as the County owns all the land on both sides of the property. The Chair opened the floor to the public. Hank Kowalski thanked staff for preserving the oak tree. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve purchase agreement with J.R Kanyak in the amount of $33,500.00 for the SW 1/4 Lot 1 Block 75, Town of Sebring, with the stipulation of four months rent free from closing date. Upon roll call, all Commissioners voted aye. Motion carried.
Public Hearing - Tyrone DeJesus The public hearing was placed back on the table regarding Tyrone DeJesus, vs. Highlands County. Mr. Macbeth explained that Gallagher Basset, PRM, for Highlands County will be assuming the cost of the settlement. They have recommended settling the case for $11,750.00, which is inclusive of the attorney fees. The consideration was due to the risk and cost of litigation. Tom Portz, Asst. County Administrator, advised that it could affect the rates depending on the amount of claims for the county.
Motion by Commissioner Bullard, seconded by Commissioner Stokes, to approve settlement offer, based on recommendations of the Insurance Carrier and the Board Attorney. Commissioner Flowers presented questions to the attorney on the chances of going to court and losing the suit. Mr. Macbeth stated that the truth aspects of this case are complicated and expensive. The toxicology study alone will cost $25,000 and the Carrier is accepting the liability at this point. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 33 Page 132.
8. Public hearing regarding ROBERT K. MOKROS, Employee, vs. HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS, Employer, Claim no. 389-42- 5103 Proof of Publication entered into the record. See SMB 33 Page 133. The Board Attorney stated that this Public Hearing was to consider settlement offer with the claim of Robert K. Mokros, Employee vs. Highlands County, Employer with the State of Florida, Department of Labor and Employment Security, Division of Workers’s Compensation. This settlement claim seems weaker than the other claim. The offer amount proposed is $6,500.00. Gallagher, Basset, PRM, wishes to settle this claim due to the cost of litigation and the unknown outcome of litigation at this early stage.
The Board discussed the setting of precedent for future claims. It was noted that the Board is in the process of constructing a new Emergency Operations Center. Motion by Commissioner Stokes, seconded by Commissioner Bullard, to approve settlement offer for Claim No. 389-42-5103. Upon roll call, all Commissioners voted aye. Motion carried. 10. Public hearing to consider collection of assessment for Highway Park Special Benefit District Proof of Publication entered into the record by Treasa Handley, Assessment Coordinator. See SMB BOOK 18 PAGE 85
33 Page 134. Ms. Handley presented a Resolution of intent to use the uniform Ad Valorem method of collection of a Non-Ad Valorem Assessment within the boundaries of the Highway Park Special Benefit District providing for street lighting and other purposes as may be appropriate. A contract from the Property Appraiser and the Tax Collector was made a part of the record with a statement that they agree to extend the deadline of the public hearing from January 1, 1999 to March 1, 1999 with reimbursement of administrative charges to be paid from the District.
Motion by Commissioner Flowers, seconded by Commissioner Bullard, to adopt resolution to impose the non-ad valorem assessment, and approve contracts with the Property Appraiser and Tax Collector for the administration. The Chair called for input on the motion. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 99.
11. Approval of letter to Central Florida Regional Planning Council Doug Leonard, Central Florida Regional Planning Council, was available for any questions. Discussion by the Commission on the Overall Economic Development District Plan. Commissioner Bullard advised that he has read the entire Plan and talked with EDC representatives, and feels very comfortable approving the letter of endorsement. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to authorize the Chair to execute a letter to the Central Florida Regional Planning Council, concurring with the 1998 update of the Central Florida Overall Economic Development District Plan, with a change to correct the date to January 26, 1999. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 33 Page 135.
12. ADJOURN The meeting adjourned at 9:50 a.m.
______Chairperson
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, FEBRUARY 23, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present: James L Gose C Michael Eastman David Flowers Carl Cool C Guy Maxcy J Ross Macbeth Edgar E Stokes Louise Graham Bob Bullard
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Edgar Stokes. The Pledge of Allegiance was led by Commissioner Guy Maxcy.
3. ANNOUNCEMENTS: Mr. Cool also gave an update on the Vantage Pointe road repair to bring roads up to County maintenance standards. He reported that three fourths of the $15,000 estimate by the County, has been collected by the homeowners and the solution is well on the way to being solved. The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to set the action agenda with an addition under the Board attorney to discuss Davis Enterprises, Inc. Settlement, after item number . Upon roll call, all commissioners voted aye. Motion carried.
The Chair opened the Public Hearings to hear the following zoning change:
4. Public hearing to consider proposed zoning change NEW BUSINESS: HEARING #1481 - GLEN H. CLEMENS C/O DALE POLSTON An approximate 3.53 acre tract located in Sec.28, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from R-3 FUD (Multiple Dwelling district with a Flexible Unit Development) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to revise the existing plan. The recommendation of the Planning and Zoning Commission was to approve zoning. The property has been approved for a 32-unit development in the existing FUD. The applicant is proposing to increase the number of units from 32 condominiums to 42 condominiums. The density will be increased from 9.07 units per acre to 11.90 units per acre with central water and sewer.
Proof of Publication entered into the record. See SMB 33 Page 164. An Analysis of the Petitioner’s proposal was presented by Jim Polatty, Development Services Director. Staff recommends approval of the rezoning request to R-3 FUD with the limitation that the property not be developed at a BOOK 18 PAGE 100 density greater than 12 units per acre. Mr. Polatty advised that the Board will be approving the site plan today. A disclaimer by Ramon Gavarrete, County Engineer was reviewed by the Commission. See Zoning file for copy. There were no letters received for the request. There was a petition with 85 names against the request due to construction trucks damaging the road, increase in traffic and concerns of fire and ambulances not being able to get to the residents. See SMB 33 Page 165 for copy. The Chair opened the floor to the public. Dale Polston, representing the Petitioner, spoke in favor of the zoning and stated that a video tape will be made of the road and repairs made after construction to return it to the present condition. Mr. Stan Meddles and Mr. Bernard Lenk spoke against, due to the increase in traffic and construction truck damage to the road. Attorney Wendell Whitehouse, representing the residents of Fairway Drive, spoke in favor of safety measures to allow development reviews under the Land Development Regulations or require the developer to enter into a development agreement to preserve the structure of the road. He also suggested a temporary construction easement across the Golf Course. Gabriel Read recommended that all requirements be in place to protect the safety of the road, before the applicant is allowed to construct the additional sites and that additional parking also be considered. Donald Webber, a resident of Golfview, spoke in opposition to more traffic on that road.
Commissioner Stokes suggested that there are too many unanswered questions to continue with the project at this time. The Chairman advised that a permit will be issued and staff will sit down with the applicant at the development review process for security assurance. The Board Attorney can place requirements that will ensure the residents that the road is brought back up to specs.
Motion by Commissioner Bullard, seconded by Commissioner Stokes, to approve the rezoning and adopt by Resolution, after entering into the record the mandatory findings, with the stipulation that it go through the full development review process and the concurrence evaluation is done to make sure that it meets the requirements of the Road and any development agreement entered into will have a full phased and backed agreement that the road is put back in the same condition or better condition than it is presently, and the agreement comes back before the Commission before final approval on any construction plans.
The Chair opened the floor to the public on the motion. Mr. Stan Meddles and Gabriel Read presented comments on the agreement. Mr. Jens Henriksen advised that there is substantially more right of way than first thought and it belongs to the County. The Chair asked that Mr. Cool check out this statement. Mr. Cool advised that Attorney Whitehouse will be included in the development review process.
Commissioner Bullard disclosed for the record that a resident contacted him and expressed his concern over the transportation problem and the destruction of the road.
Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. See Res. Book 12 Page 107. BOOK 18 PAGE 101
Break 10:10 a.m. - 10:20 a.m.
5. Public hearing on Evaluation and Appraisal Report (EAR)-based amendments to Comprehensive Plan The Chair opened the Public Hearing. Jim Polatty, Development Services Director presented the proof of publication into the record. See SMB 33 Page 166. The Chair asked that the Board consider setting a day long workshop to review the updated Comprehensive Plan. Mr. Cool explained that the State of Florida passed the Growth Management Law in 1985 requiring that counties and cities prepare a Comprehensive Plan. The words concurrency requirement which means that we have the infrastructure in place before the development is approved was not included. The cities and counties were not following the Plan, so the State placed safeguards by creating the EAR, which allows the County to grade their own score sheets. Highlands County developed their own EAR in-house and it was approved by the State. In the areas where the County did not meet their Comprehensive Plan, the State gave us 18 months to make amendments to the Comprehensive Plan. These are proposed amendments to the Plan that resulted from the EAR that was approved by the State last October to bring our Plan into compliance. Jim Polatty briefly discussed the exhibits with the proposed amendments. He recommended deferring Policy N.R.E. 4.8. Also, N.R.E. 311C and 314 will go back to NRAC for review.
Commissioner Flowers reviewed the proposed changes into the record: . 1. FLU Policy 1.3: LAND USE CATEGORIES, DENSITIES AND INTENSITIES Future Land use categories 6. CONSERVATION/MANAGEMENT LANDS- (abbreviation = CM): This land use category includes all public or private-nonprofit organization lands obtained for environmental research, preservation, conservation, mitigation or education purposes. Examples include CARL sites, open space easements, flood and water management lands, native preserves, natural park land, environmental research stations, wildlife management areas. The Conceptual Plan Line ( See FLU Policy 2.5 ) will show proposed CARL (Conservation and Recreation Lands) sites, Water Management District purchases of environmentally sensitive land, the Kissimmee River Restoration project, proposed County NRAC Natural Resources Advisory Commission) purchases, or Save Our River purchases. a. Development Capacity: 1 unit/80 acres, plus facilities and improvements necessary for the intended conservation use or activity. b. Maximum Intensity - Floor Area Ratio: Up to 0.15 FAR c. Maximum Impervious Surface: Limited to that which is necessary to support the intended conservation or management use or activity, but no greater than 5%.
NATURAL RESOURCES ELEMENT
2. OBJECTIVE 3: PROTECT & ACQUIRE CONSERVATION LANDS BOOK 18 PAGE 102
THE COUNTY SHALL PROTECT AND ACQUIRE NATIVE VEGETATIVE COMMUNITIES WHICH ARE ENDEMIC TO CENTRAL FLORIDA IN JOINT EFFORT WITH STATE, FEDERAL, AND NOT-FOR-PROFIT ENTITIES, AND FOR-PROFIT PRIVATE ENTITIES AND SHALL RESTRICT ACTIVITIES KNOWN TO ADVERSELY AFFECT THE ENDANGERED AND THREATENED SPECIES AND THEIR HABITAT.
3. NRE Policy 3.3: ENVIRONMENTAL CLEARANCE (DEFERRED TO 2ND Round of Amendments)
4. NRE Policy 3.7: CONSERVATION TRUST FUND
A. Upon adoption The County shall create a restricted Conservation Trust Fund, account to be used exclusively for the acquisition of natural resources, by the Board of County Commissioners, as listed in Policy 3.5B and for the enhancement, required maintenance, and/or management of other publicly-owned conservation-valued lands, as determined by the Board of County Commissioners.
5. NRE Policy 3.8: EXOTIC PLANT CONTROL PROGRAM
D. To help implement this policy, the County shall may appoint an Exotic Plant Committee by July 1, 1991. The County shall may participate in a cost-sharing program for private landowners for exotic plant removal.
6. NRE Policy 4.8: FUTURE LAND USE MAP COMPATIBILITY WITH WETLANDS RANKING SYSTEM (DEFERRED TO 2ND Round of Amendments)
7. NRE Policy 9.3 7.18: RESTORE ALL LAKES, CLAY, FRANCIS, AND ISTOKPOGA: (Deferred to 2nd Round of Amendments)
RECREATION AND OPEN SPACE ELEMENT
8. POLICY 1.9: RECREATION AND PARKS ADVISORY COMMISSION COMMITTEE (RPAC): By January 1, 2000, the Highlands County Board of County Commissioners will appoint a Recreation and Parks Advisory Commission Committee (RPAC) to identify, evaluate and advise the Board on all programs, facilities and activities pertaining to recreation and parks within the County.
The Recreation and Parks Advisory Commission Committee shall be comprised of representatives from Avon Park, Sebring and The Town of Lake Placid, Highlands County School Board, equestrian, fishing and boating organizations, as well as from the active and passive recreation organizations. BOOK 18 PAGE 103
The mission of RPAC shall be to provide recommendations and guidance to the Board and its staff regarding recreation issues and their facilities which affect the implementation and amendment of the Open Space and Recreation Objectives and Policies of the Comprehensive Plan.
Commissioner Bullard expressed concern that the County is appointing too many Committees. He requested that as we move forward, that staff should try to reduce our obligation to create more Committees because they zap staff time and resources. Suggestions were presented to appoint the NRAC Commission to serve as the Exotic Weed Committee.
Commissioner Bullard reviewed the following proposed changes:
ECONOMIC DEVELOPMENT ELEMENT
9. EDE Policy 1.1: RELATIONSHIP BETWEEN THE INDUSTRIAL DEVELOPMENT AUTHORITY AND THE COUNTY
B. In order to accomplish the mission statement of Policy 1.1, the Industrial Development Authority shall undertake a "Program of Work" that including includes involves activities and measures to that involve the Goal and each objective and policy of this Element
C. As regards the execution of this mission statement, t The Board of County Commissioners may from time to time review redefine, modify, expand, or diminish redefine, modify, expand, or diminish the role of the IDA or may assign additional tasks or missions to the IDA. The Board of County Commissioners will consider the funding of programs contained in this Element and of the IDA and other organizations on a case-by-case basis in relation to all budgetary needs so that it can allocate funds appropriate funding according to available revenues and prioritized need, as determined by the Board of County Commissioners
10. EDE Policy 2.12: COUNTY TO FACILITATE RECRUITMENT OF TARGETED BUSINESS AND INDUSTRIES
A. In order to ensure that Highlands County has enough industrial land with proper Comprehensive Plan Future Land Use Map (FLUM) categories, proper zoning, and adequate infrastructure for present and future development, the County, through the IDA or its agent shall pursue acquire acquiring adequate land for a publicly owned developed industrial park or industrial parks with adequate infrastructure. The target goal is not less than 1000 acres within the Planning Period. to develop sufficient industrial sites to meet demand. BOOK 18 PAGE 104
D. The County or its agent, shall complete acquisition of the first public industrial park, referenced in Economic Policy 4.5.A. ,by the beginning of fiscal year 2004, including the actual acquisition of the property, amendment(s) to the Future Land Use Map to designate appropriate lands to the Industrial category, and amendment(s) to the zoning atlas. (Delete D).
Motion by Commissioner Flowers, seconded by Commissioner Bullard, to approve the modification discussed and to send the completed EAR-Based Amendments to the Department of Community Affairs. The Chair opened the floor to the public. No one spoke for or against the amendments. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 33 Page 167.
6. Public hearing to consider vacation of plat, Sun‘n Lake Estates of Sebring Proof of Publication entered into the record. See SMB 33 Page 168. Petition presented by Fred Myers, Engineering Department, for the Good Shepherd Lutheran Church of Sebring, Inc., to vacate Lots 48 through 56, inclusive, block 132, Sun’n Lakes Estates of Sebring Unit 9, and the 50 foot wide limited access easement across the south end of said lots. Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve the vacation as presented. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 107.
7. Public hearing to consider vacation of easement, Sylvan Shores Proof of Publication entered into the record. See SMB 33 Page 169. Petition presented by Fred Myers of the County Engineer’s office, for William D. and Evelyn Gratsch to vacate existing 10.00 foot wide drainage and utility easement running along lots 65 and 66 from Second Street to the existing 20.00 foot wide easement along the rear lot line of lots 65 and 66 as shown on the Plat of Sylvan Shores Estates, Section “D.” It is the intent of the Road and Bridge Department to relocate the utility easement necessary for proper drainage.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt Resolution and approve vacation of the drainage and utility easement, and to accept a 20 foot wide drainage and utility easement being southeast of, adjacent to, and parallel with the northwesterly property line of lot 65 and running from second street to an existing 20.00 foot wide easement along the rear lot line of lot 65, Sylvan Shores Estates, Section “D”, and to waive the processing fee of $200.00. The Chair opened the floor to the public. No one spoke for or against the vacation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 108.
8. Board Attorney - Highlands County vs. Davis Enterprises Civil No. GC97-344 Ross Macbeth presented information to the Commission on the Stipulated Final Judgement made by the Petitioner and the Defendant in the case of Highlands County vs. Davis Enterprises. He reported that he and Mr. Cool met with Joe L. Davis, Jr. and Mark Miller, the attorney for the Corporation. A settlement proposal was agreed upon and he will bring this information back to the Board. The acquisition of the property is 7.634 acres running through the property. A couple of BOOK 18 PAGE 105
things still have to be negotiated with Mr. Miller and the legal description has to be corrected. The negotiated price is $200,000.00 and a public hearing will be held at a later date for discussion. The acreage is the small part of the price. There are additional trees outside the right of way that will be removed because of the proximity to the right of way. The irrigation system will be reconstructed and will involve a big price tag. There is also an element of damages because of the discounted value of additional caretaking cost, due to dividing the grove. The $200,000.00 does not include fees and cost of the Attorney or the professional services of the Appraiser. The other amounts have not been established. Davis Enterprises, Inc. will vacate and surrender possession of the property to Petitioner on or before June 1, 1999. See SMB 33 Page 170.
The Chair asked that staff start negotiating for the CSX property. Commissioner Flowers asked the Board to seriously consider making the Eucalyptus Access a two-lane road. Commissioner Maxcy spoke to the increasing cost to wait. Mr. Cool advised that the Board can build the two-lanes and an additional two lanes in the future. The early analysis indicated that two lanes will only last five years. Commissioner Stokes spoke to the hardship of construction to residents in another five years. The Chair spoke in favor of staying with the four lanes. These issues to be discussed at a later date.
9. Public hearing to consider Desoto City Special Benefit Fire District collection The Chair called the Public Hearing to order. Proof of Publication entered into the record by Treasea Handley, Assessment Coordinator. See SMB 33 Page 171. Mr. Cool explained that the purpose of this public hearing is to consider the adoption of a Resolution authorizing the Board of Supervisors of the Desoto City Special Benefit Fire District to use the uniform ad valorem method of collecting non-ad valorem assessments levied as provided by Florida Statutes. The levy is for borrowing capabilities, ownership and disposition of property, fire protection, issuance of bonds and revenue certificates. This Hearing does not set an assessment rate. Contracts were entered into the record from the Property Appraiser and the Tax Collector stating that they agree to extend the deadline to March 1, 1999. Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt Resolution approving the Uniform Ad Valorem method of collection of a Non-Ad Valorem assessment and to approve the contract with the Property Appraiser and the Tax Collector. The Chair opened the floor to the public. Clayton Womer questioned the increase of the assessment. Mr. Cool reported that this Public Hearing only addresses the method of collection. The assessment will be a separate Public Hearing. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 109. The Chair submitted a letter into the record from Beulah Kelley in opposition to non ad valorem assessments. See SMB 33 Page 172.
10. ADJOURN The meeting adjourned at 12:20 p.m. ______Chairperson Attest: ______Clerk ****************************************************************************** BOOK 18 PAGE 106 PUBLIC HEARING OF THE BOARD, MARCH 23, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present: James L Gose C Michael Eastman David Flowers Carl Cool Edgar Stokes J Ross Macbeth Bob Bullard Louise Graham
Commissioner Guy Maxcy was not present at the meeting.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bob Bullard. The Pledge of Allegiance was led by Commissioner Edgar Stokes.
3. ANNOUNCEMENTS: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
The County Administrator advised that Agenda Items number 14 and 15 are not public hearings, they are items for action.
Motion by Commissioner Flowers, seconded by Commissioner Bullard to set the Action Agenda as listed: A) Addition of Agenda Item number 17- Resolution in support of Preservation 2000 B) Addition of Agenda Item number 18- Resolution on Local State of Emnergency Upon roll call, all Commissioners voted aye. The motion carried.
4. Public hearing to consider zoning changes HEARING #1482 - WAYNE C. RICKERT C/O SANDRA K. MOORE Lot 12, Block 15 of Highlands Park Estates, Section Z per P.B. 7, PG. 59 of the Pub Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to M-2 (Mobile Home Parks District). Applicant desires to place mobile home units on lot located in the middle of existing mobile home park. Proof of Publication entered into the record. See SMB 34 Page 25. Jim Polatty, Development Services Director, presented an analysis of the Petitioner’s Proposal. The Chair opened the floor to the public. No on spoke for or against the zoning change. Motion by Commissioner Bullard, seconded by Commissioner Stokes, to adopt the Resolution, approving the Hearing, after entering into the record the mandatory findings. See Res. Book 12 Page 121.
HEARING #1483 - LAKE PLACID MOOSE LODGE C/O ROBERT REBMANN An approximate 2.24 acre tract located in Sec. 21 Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-4 (Business district). Applicant desires an outside mini flea market. Proof of Publication entered into the record. See SMB 34 Page 26. Jim Polatty, Development Services Director, presented an analysis of the Petitioner’s Proposal. There were 118 letters sent out and 0 replies for or against. The Planning and Zoning Commission recommended to deny and waiver the application fee after staff changes the code, to allow outdoor flea markets with a special exception. The Board Attoreny advised that there is no provision in the code to allow special exceptions at this time. The Chair opened the floor for public input. Robert Rebmann, applicant, presented information in favor of the zoning. Commissioner Bullard spoke in opposition to allowing flee markets in B-2 and recommended it be considered as a special exception in B-3 and upgrade the Moose Lodge to that code. Gary Lower, Zoning Supervisor, advised that indoor flee markets are now permitted in B-3. Outdoor flee markets are permitted in B-4 zoning. Mr. Ken Wright representing the 70 people living in Dee Ann Estates and Mr. Ralph Wagner spoke against due to concerns of all the permitted uses in B-4. Hank Kowalski also presented concerns in opposition.
Motion by Commissioner Bullard, seconded by Commissioner Flowers,to accept the recommendations of the Planning & Zoning Board to deny the Hearing, and request that staff investigate how we can better control flee markets, and should the Moose reapply for the zoning on this property, that the County waive the fees.
HEARING #1484 - SAUL PASTER C/O J. WENDELL WHITEHOUSE Approximately 22 acres located in Sec. 03, Twp. 24S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from CG-1 (Campground district) and CG-3 (Campground district) to RV FUD (RV Park with a Flexible Unit Development). Applicant desires to construct screen rooms. Proof of Publication entered into the record. See SMB 34 Page 27. Jim Polatty, Development Services Director, presented an analysis of the Petitioner’s Proposal. The Planning and Zoning Commission recommended denial, as it did not comply with the minimum lot size requirements in RV FUD. The Chair opened the floor to the public. Attorney Wendell Whitehouse, representing the Petitioner, spoke in favor of the zoning change to allow the residents to have screen rooms. A petition was entered into the record with over 200 signatures in favor of the zoning. See SMB 34 Page 28. The Board Attorney explained the zoning code and request for permanent housing situation and advised the Board that they can not approve today, as it requires a change in the zoning regulations. Mr. Macbeth stated that they can lower the density or leave it at CG-1. Commissioner Bullard asked that staff address permanenat structures to come up with a provision under isolated circumstances for a grandfathered existing park that is of mixed use. Motion by Commissioner Bullard, seconded by Commissioner Flowers,to accept the recommendations of the Planning & Zoning Board to deny the request for R-V-FUD zoning.
The chair opened the floor to the public. Attorney Whitehouse, Lawrence Beam, Ray Napper and Walt Coplen spoke for the petitioner. Gabriel Read commended the Board on the motion to deny the request. Mr. Macbeth stated that the Commission could recommend a two step zoning change process, but the applicant will need to revise the lots to meet the requirements and contact the appropriate departments to revise the site plan. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 34 Page 29 for copy of letter from Charles G. Harley in favor of the zoning.
Break 10:40 a.m. - 10:50 a.m.
5. Public hearing to consider changes to Chapter 12, Zoning Code (first hearing) Proof of Publication entered into the record by Jim Polatty, Development Services Director. See Proof of Publication Ordinance Book 2 Page 37. Mr. Polatty reviewed a draft ordinance with the Commission providing for changes to Chapter 12 of the Code. This is the first Public Hearing and the Board will need to hold the second Public Hearing on April 6, 1999. The Ordinance included amendments for a new section regarding required permits, powers and duties of adjustment for special exceptions in the Au Agricultural District, EU Estate District, I-2 Industrial District, Public Lands, R-2 Two-Family Dwelling District, R-3 Multiple Dwelling, including motel and hotel District, R-3 NC Multiple Dwelling District, storage and Parking of Recreational Vehicles and Travel Trailers and Camping Trailers.
The Planning and Zoning Commission recommended to approve sections 1 thru 13 inclusive, excluding Sction 10, add the landfill limited exclusively to clean concrete with a special exception in AU (Agricultural) and to deny the changes in section 10. The Chair questioned why the language for water bottling and distribution plant was stricken. Mr. Polatty explained that these amendnments will ensure that big water users from coastal counties can not come into Highlands County and take our water. Commissioner Bullard stated concerns that in Multiple Districts as a special exception, we allow waste water and water treatement facilities serving more than one development. We should limit the number of districts where it is permitted for more than one development. The Board Attorney advised that we have substantial provisions that are under review to change the code. Jim Polatty advised that Section 4. is an amendment to the Estate District. Section 5, 6 & 7 is adding to two family dwelling and adding language to multiple ownership. Section 8 applies to all districts and is an amendment to parking regulations. This allows parking and storage of recreational vehicles in residential districts. Commissioner Bullard asked that limitations be placed on the number of utility vehicles that is allowed. The consensus was to change the language to read not more than one utility vehicle or boat or trailer.
Section 9 is the PU district. Delete the word Sanitary. Section 10 is I-2. Staff proposed to take out language Construction and debris landfills. They would then only be allowed in Public Use districts. Planning & Zoning recommended not to delete this verbiage. Staff also recommended adding verbiage Landfill limited exclusively to clean concrete, clean cinderblock Planning and Zoning recommended adding bricks, and ceramic tile. Additional verbiage of Planning and Zoning Store, recycle, or mulch soil, sand, muck, and natural vegetative material. A discussion ensued regarding disposal of tree trimmings at the Landfill. Mr. Polatty suggested language to read Landfill limited exclusively to natural vegetative material. Commissioner Bullard spoke in favor of allowing private enterprize operate landfills with special exceptions. He asked that the Commission explore the idea of having the final say on matters that affect the health, safety and welfare of citizens.
Carl Cool and Ross Macbeth spoke in favor of removing construction and demolition debris landfill sites allowed in the I-2 district due to the problems associated with out of county waste. These rules were put into place at the Boards’ recommendation. This is not a private enterprise versus government issue. This is a matter of protecting our county from coastal trash. Commissioner Stokes noted that the problem is that the County does not have any language in the LDR’s that restrict private landfills.
The Chair presented a petition from several residents in opposition to restricting the use of the landfill on Airport Road.. The Chair opened the floor to the public. Michael Jackson, a resident of that area, spoke in opposition to allowing landfills in Highlands County. Jean Murphy, mother of Michael Jackson, Randy Mack, and Charlene Bent also spoke in opposition to the Landfill site. Hank Kowalski, representing H.E.C. spoke in favor of including language that will restrict Landfills. Attorney Blanke Paul, representing Sebring Landfill, Inc.stated that the owner has placed one million dollars into the operation of this Landfill and wants to make it a benefit to the county and provide an improtant service. Alec Rigby, owner of the Landfill spoke in favor of continuing the Landfill. He suggested tabeling this portion of the Ordinance and hold a workshop for discussion. Bert Harris, Attorney for Ronnie Hathaway, spoke in favor of allowing recycling in AU (Agricultural). He also suggested that we adopt Carl Cool’s suggested control of the landfills. Ray Napper spoke in favor of County control. John and Gail Strom, former owners of the Landfill, presented a petition into the record and spoke in favor of private enterprise. See SMB 34 Page 30. Judy Forkwood, Manager of the Sebring Landfill explained the smell at the Landfill. Michael Carr and Cush Blethen, CNB Landfill Service, had objections to the County having exclusive rights of C & D landfills in the County.
Commissioner Bullard recommend that we leave the language out in Section 10 but allow existing Landfills a grandfather clause to continue to operate with the understanding that it can not be a change of ownership.stay in business. Provision to allow improvements. Ross there is no basis for grandfathering.
Motion by Commissioner Bullard, seconded by Commissioner Stokes ,to set the second Public Hearing date at 9:00 a.m. on April 6, 1999, except for Section 10 in which the Board will workshop.
. Hank Kowalski also spoke in opposition.
.
6. Public hearing to consider vacation of easement, Placid Parkland First Addition Proof of Publication and Petition entered into the record by Ramon Gavarrete, County Engineer. See SMB 34 Page. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt the Resolution, to vacate the drainage easement lying within Tract C Placid Parkland First Addition, a subdivision as recorded in Plat Book 13 Page 2, of the Public Records and accept easement from Harold Wyscockdings. The Chair opened the floor to the public. No one spoke for or against the vacation. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 12 Page.
7. Public hearing to consider vacation of easement, Placid Lakes Petition and Proof of Publication entered into the record by Ramon Gavarrete, County Engineer. See SMB 34 Page. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to adopt the Resolution, to vacate the 10-foot utility drainage easement lying on the easterly side of lot 5, and the westerly side of lot 6, less the northerly 10 feet of Placid Lakes, Block 274, Section 20 for Petitioner Ping Chen and Su Hsid Kang as presented by Peggy Chapman. The Chair opened the floor to the public. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 12 Page.
8. Public hearing to consider road closing, Lake June Vista Petition and Proof of Publication entered into the record by Ramon Gavarrete, County Engineer. See SMB 34 Page. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to adopt the Resolution, to close a portion of a certain road traversing Lots 6,21 and 22 Block 3, Lake June Vista from SW. Vista Drive to U.S. Highway 27 South as depicted on the plat of Lake June Vista as recorded in Plat Book 5, Page 85 for Jene and Darin Whitaker, Petitioners as presented by J. Timothy Sheehan, Attorney. Atty. Sheehan spoke in favor of the road closing. The Chair opened the floor to the public. Laura Holt spoke in opposition. Photographs entered into the record. See SMB 34 Page Martha Gillhan spoke in opposition. Mattie Spencer in opposition. John Murphy in opposition. Ann Pollard in opposition. Elizabeth Myer, in opposition. Steve Wilson in opposition. Petition entered into the record. Bill Brown entered a petition into the record in opposition. Commissioner Bullard spoke to the safety issues and the dangerous intersection. Buy property from the Whitaker and make it a safer road. Take out Southwest Vista Dr. and improve the intersection. Signalize the road. Ramon Gavarrete apolozied to Tim Sheehan.
Break: 2:12-2:17 p.m.
9. Public hearing to consider amending Chapter 5.3, regarding National Register nominations Proof of Publication entered into the record by Jim Polatty, Development Services Director. Duane Niederman spoke for Jim Polatty, who was not present. See Proof of Pub. Ordinance Book 2 Page. He presented request for adoption of an ordinance adding a new section providing for review of National Register Nominations and a new section providing for responsibilities of the Historic Preservation Commission. Mr. Polatty stated that the recent application to the Bureau of Historic Preservation did not qualify due to the absence of certain protocol. Motion by Commissioner Flowers, seconded by Commissioner, Stokes to adopt ordinance, establishing the preferred protocol for coordinating between the state and the local government. The Chair opened the floor to the public. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 34Page
10. Public hearing to consider settlement of Circuit Case No. GC97-447, Milorey v. CSX Transportation, Inc. Proof of Publication entered into the record by the County Administrator. See SMB 34 Page. The Board Attorney explained the settlement offer.
Motion by Commissioner Bullard, seconded by Commissioner Stokes, to approve settlement with CSX Transportation, Inc. in the amount of . The Chair opened the floor to the public. Upon roll call, all Commissioners voted aye. The motion carried.
11. Public hearing to consider settlement of Circuit Case No. GC97-344, Highlands Cty v. Davis Enterprises, Inc. Proof of Publication entered into the record by the County Administrator. See SMB 34 Page. The Board Attorney explained the settlement offer.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve settlement with Davis Enterprises, Inc. in the amount of . The Chair opened the floor to the public. Upon roll call, all Commissioners voted aye. The motion carried.
12. Public hearing to consider settlement of Circuit Case No. GC97-329, Carpenter v. CSX Transportation, Inc. Proof of Publication entered into the record by the County Administrator. See SMB 34 Page. The Board Attorney explained the settlement offer.
Motion by Commissioner, seconded by Commissioner, to approve settlement in case no. GC97-329 Carpenter v. CSX Transportation, Inc. in the amount of . The Chair opened the floor to the public. Upon roll call, all Commissioners voted aye. The motion carried.
13. Public hearing to consider settlement of Circuit Case No. GC97-346, Hull v. CSX Transportation, Inc. Proof of Publication entered into the record by the County Administrator. See SMB 34 Page. The Board Attorney explained the settlement offer.
Motion by Commissioner, seconded by Commissioner, to approve settlement with case no. GC97-346 Hull v. CSX Transportation, Inc. in the amount of . The Chair opened the floor to the public. Upon roll call, all Commissioners voted aye. The motion carried.
14. Public hearing to consider settlement of Admin. Hearing No. 97-03826, Highlands Cty v. State of Fla. Proof of Publication entered into the record by the County Administrator. See SMB 34 Page. The Board Attorney explained the settlement offer.
In January 1998 Highlands County and DCA settled the administrative hearing case for Comprehensive Plan Amendment 95-2 with ordinance 98-02. This settlement resolved the inconsistency between the 25,960 acres of urban Comprehensive Plan Future Land Use Map (FLUM) categories with the more than 60,000 acres of urban zoning by changing the FLUM instead of through massive rezonings. This increased from about 25,960 acres on the FLUM in 1994 to about 58,913 acres of “urban” designations on the FLUM, a gain of 32,953 acres added to the FLUM. Five acres was also adopted as the minimum lot size in the General Agriculture FLUM category.
(1) Attachment # 1 contains publically owned Conservation lands. (2) Attachment # 2 includes privately owned conservation lands (see numbers 813, 815, 816, 817, 818, and 820) and other County owned land that has not been previously designated is also shown (see numbers 809 and 811). Boats ramps have been excluded for future consideration. (3) The greatest number of parcels are those that meet DCA’s criteria for inclusion on the FLUM of having an existing building or existing use on the site and are Attachment # 2.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, to move approval of staff proceeding to complete a settlement agreement that includes the list of amendments to the Comprehensive Plan Future Land Use Map shown in the attachment. The Chair opened the floor to the public. Upon roll call, all Commissioners voted aye. The motion carried.
15. Public hearing to consider settlement of Admin. Hearing No. 97-000444, Polk County Workforce Development Board, Inc., v. State of Fla. Proof of Publication entered into the record. See SMB 34 Page. Motion by Commissioner, seconded by Commissioner, to approve settlement with Polk County Workforce Development Board, Inc., v. State of Florida. The Chair opened the floor to the public. Upon roll call, all Commissioners voted aye. The motion carried.
16. Public hearing on Community Development Block Grant and Resolution Proof of Publication entered into the record. See SMB 34 Page. Jim Polatty explained the Resolution as required by DCA for the CDBG application for funding infrastructure for the new hotel at the Sebring Airport. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to approve Resolution adopting Long Term and Short Term Objectives of the Community Development Plan for the County. Hank Kowalski presented questions regarding the benefit to the public. Mike Swaine spoke Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 12 Page Motion by Commissioner, seconded by Commissioner, to approve Resolution authorizing the submission of an Economic Development Application for the Small Cities Community Development Block Grant to the Florida Department of Community Affairs for fiscal year 1999. See Res. Book 12 Page
17. Resolution in support of the establishment of Stewardship Florida - Preservation 2000 Motion by Commissioner Stokes, seconded by CommissionerFlowers, to approve Resolution by the Highlands County Commission in support of the establishment of Stewardship Florida (PCB EP 99-01), a successor program to Preservation. See Res. Book 12 Page
18. Resolution - Request for Declaration of Local Emergency Motion by CommissionerFlowers, seconded by Commissioner Stokes, to approve Resolution declaring a local state of emergency for Highlands County, due to recent wildfires and the high drought index. See Res. Book 12 Page
19. Peggie Highsmith, Florida Department of Environmental Protection,
20. Grant 19. ADJOURN The meeting adjourned at ______Chairman
______Clerk ******************************************************************************************************** BOOK 18 PAGE 147
PUBLIC HEARING OF THE BOARD, APRIL 27, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present: James L Gose C Michael Eastman David Flowers Carl Cool C Guy Maxcy J Ross Macbeth Edgar E Stokes Louise Graham Bob Bullard
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Jack White. The Pledge of Allegiance was led by Commissioner Guy Maxcy.
3. ANNOUNCEMENTS: The County Administrator advised that there were no announcements of record. Commission Maxcy reminded everyone of a prayer breakfast to be held on May 6, 1999 at 7:00 a.m. at the Fairway Restaurant with the Honorable Sheriff Godwin delivering the message. The local National Day of Prayer will be held on the Courthouse Lawn at 11:00 a.m. the same day.
Action: Motion by Commissioner Bullard, seconded by Commissioner Maxcy, to set the Action Agenda with changes as amended: A. Move item number 5 to the end of the agenda. B. Add RFP Consultant for Employee Health Benefit Plan between items 7 & 8. C. Add the penny sales tax for discussion
4. Public hearing to consider road closing, Lake June Vista Fred Myers, Asst. County Engineer, presented petition for closing a portion of a certain road traversing Lots 6, 21 and 22, Block 3, Lake June Vista from SW. Vista Drive to U.S. Highway 27 South. See SMB 34 Page 82. This Public Hearing was continued from March 23, 1999 in order to obtain more information on the feasibility of opening an alternative route. The County Administrator advised that the Board discussed extending the road northward up to the Florida Hospital. The Hospital is agreeable to conveying certain right of way. Carl Cool reviewed the estimates from the County Engineer for the extension. The Chair opened the floor to public input. Attorney Timothy Sheehan, representing Jene and Darin Whitaker, spoke in favor of accepting the right of way for extension of the road for safety sake. The petitioners have agreed to contribute up to $5,000.00 for materials for the construction. Judy Filler, representing the Rev. Elizabeth Myers of the St. Episcopal Church, read a letter into the record in opposition to the road closing. The Chair took a five minute break to allow the residents to review an aerial of the alternate route. Ms. Filler, speaking for the group, stated that the extension will be a viable solution to the problem, providing the existing road remains open and BOOK 18 PAGE 148
passable until the other road is completed. Ann Pollard and Marjorie B. MacFarlane spoke in favor of the extension. Carl Cool advised that the overlay cost to the existing roadway is estimated at $1100.00. The hospital has requested that the County give them approximately 20 parking spots. Total cost including labor and equipment is estimated at $24,000.00. The Chair asked that the Whitakers maintain a clear passage until the time the other road is constructed, conditioned on a total of six months. The Commission directed staff to go forward with the acquisition of right of way. When the right of way description is obtained from the hospital, the Board will accept easement and construction of the road can begin. Once the road is completed and open to the public, the Board will then enter into an agreement with the Whitakers to close the road and acquire utility easement. If the road is completed within six months, the five thousand will be applicable. The Board will pay the cost of the advertisement for the public hearing. See SMB 34 Page 83. Commissioner Bullard asked that staff look at how private property became public.
5. Public hearing to assess liens, cases 9798-104 Petition and Proof of Publication entered into the record by Eddie Conklin, Code Enforcement. See SMB 34 Page 84. Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve final assessment for nuisance abatement and to record the corresponding liens in the public record. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 34 Page 85.
Public hearing to assess liens, cases 9798-157 Motion by Commissioner Maxcy, seconded by Commissioner Bullard, to approve final assessment for nuisance abatement and to record the corresponding liens in the public record. Upon roll call, all Commissioners voted aye. Motion carried.
Public hearing to assess liens, cases 9798-191 Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve final assessment for nuisance abatement and to record the corresponding liens in the public record. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Bullard asked that the Commission take a look at the administrative cost involved in Code Enforcement liens. Ross Macbeth advised that additional cost can be addressed. The Chair asked that this item be discussed at the May workshop. Commissioner Flowers gave a report on the lien assessment of the Sevon Theater. There is no code violation as the drive-in has been torn down and the property is up for auction.
6. Public hearing to consider property exchange and resolution Petition and Proof of Publication entered into the record by the County Administrator. See SMB 34 Page 86. This property is needed for construction of the new bridge. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt Resolution accepting property described as Parcel #6 together with all improvements thereon and accept a quit claim deed for Parcel #6, being the overall quit claim deed for the right of way east and west of the bridge. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 142.
7. Risk Management-request for Proposals Employee Health Benefit Plan BOOK 18 PAGE 149
Carl Cool presented the recommendations of the Insurance Committee to fund $15,000.00 out of the Insurance fund for a consultant to assist in the RFP process. Commissioner Maxcy explained the request for the consultant. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the recommendations of the Insurance Committee and utilize Waters Risk Management to assist in the RFP process. Commissioner Flowers questioned if Ladd Baumgart, Risk Manager for Highlands County, was capable of performing the process. Commissioner Maxcy related that it was a time issue. Ross Macbeth reported that the Committee is taking a look at the cost of self insurance, risk of self insurance, with the third party administrator versus having an insurance company writing coverage. They are using an expert who can take a look at the whole picture again to determine if there is a better approach. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 34 Page 86.
8. Asst. County Administrator-Local Referendum Penny Infrastructure Tom Portz reviewed the sample ballot and suggestions for additional verbiage. Motion by Commissioner Stokes, seconded by Commissioner Flowers, to amend the ballot as instructed, with insertion of language of the beginning date and the sunset provision with leeway of scriveners errors. The Board will hold a public hearing to adopt the ordinance. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 34 Page 87.
9. Resolution to declare local emergency Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt Resolution proclaiming a Declaration of Local Emergency for all territories within the legal boundaries of Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 143. Tom Portz gave a report on the fire emergency resulting from the thunder storms.
10. Public hearing to consider proposed zoning changes and Small-Scale Plan amendments NEW BUSINESS: HEARING #1485 - BRIAN SULLIVAN An approximate 2.31 acre tract located in Sec. 21, Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). The applicant is proposing to construct a four-plex “multi-family” townhouse. The Development Director presented the proof of publication into the record and briefly explained the request. See SMB 34 Page 88. There were no letters received and no one spoke for or against the request. Commissioner Bullard made a motion to recommend approval and adopt Resolution as presented including the Mandatory Findings in the Staff Report. The motion was seconded by Commissioner Flowers. Upon roll call, all members voted aye. Motion carried. See Res. Book 12 Page 144.
HEARING # CPA - 99-101SS - WAYNE C. RICKERT C/O SANDRA K. MOORE An approximate 1.11 acre tract located in Sec. 30, Twp. 36S, Rge. 30E, Highlands County, Florida. Requesting a small-scale plan amendment from “Medium Density Residential” to “High Density Residential.” BOOK 18 PAGE 150
HEARING #1486 - WAYNE C. RICKERT C/O SANDRA K. MOORE An approximate 1.11 acre tract located in Sec. 30, Twp. 36S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from M-1-S (Mobile Home and Residential Subdivisions district) to M-2 (Mobile Home Parks district). Applicant desires to expand the existing mobile home park. Jim Polatty presented the petition and proof of publication. See Proof of Pub Ordinance Book 2 Page 40. There were no letters received and no one spoke for or against the request. Commissioner Bullard made a motion, in accordance with the Planning and Zoning Commission recommendation, to approve the zoning change and adopt Resolution and approve CPA - 99-101SS, and adopt Ordinance including the Mandatory Findings in the Staff Report, contingent upon the approval by DCA of the Small Scale Amendment. The motion was seconded by Commissioner Flowers. Upon roll call, all members voted aye. Motion carried. See Res. Book 12 Page145.
HEARING #CPA - 99-102SS - THELMA DAMEWOOD, JAMES E. TOMPKINS AND LOUISE BOST TOMPKINS Approximately 2.1 acres located in Sec. 34, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from “General Agriculture” to “Commercial.” The applicant desires to make the Land Use consistent with the B-3 (Business district) zoning. Jim Polatty presented the petition and proof of publication into the record. See Proof of Pub Ordinance Book 2 Page 41. The Chair opened the floor to the public. Attorney Jim Tompkins, one of the petitioners, stated that he opposes the requirement of a 60-foot frontage road as stated in the Staff Report. Gabriel Read spoke in favor of frontage plans. Commissioner Maxcy made a motion to approve CPA-99-102SS, and adopt Ordinance, including the deletion of “consistent with the provision for an easement of 60 feet to accommodate a future frontage road” after entering into the record mandatory findings. The motion was seconded by Commissioner Flowers. Upon roll call, all members voted aye. Motion carried.
HEARING #1488 - DONALD K. & CYNTHIA L. BUTCHER C/O C. D. BORING An approximate 9.74 acre tract located in Sec. 33, Twp. 34S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-3 (Business district). Applicant proposes to open a skating rink. Jim Polatty presented petition and proof of publication into the record. See SMB 34 Page 89. The recommendation of the Planning and Zoning Commission was reviewed. There was one letter received from Mr. James McCollum, Attorney for the Highlands County School Board, having concerns of traffic and alcohol. C.D. Boring, representing the petitioner, spoke in favor of the request and reported that alcohol will not be a factor, due to the location near a school. Commissioner Bullard questioned if a buffer should be required. Mr. Boring stated that external insulating will be addressed. Commissioner Flowers made a motion, in accordance with the Planning and Zoning Commission recommendation, to approve B-3 on the western half of the property and adopt Resolution, after entering into the record the mandatory findings. The motion was seconded by Commissioner Stokes. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 146.
11. ADJOURN The meeting adjourned at 11:11 a.m. ------BOOK 18 PAGE 151
Chairman Attest: ------Clerk
------
BOOK 18 PAGE 167
PUBLIC HEARING OF THE BOARD, MAY 25, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
James L Gose C Michael Eastman David Flowers Carl Cool C Guy Maxcy J Ross Macbeth Edgar E Stokes Louise Graham Bob Bullard
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Audrey Vickers.
3. ANNOUNCEMENTS The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Mr. Cool reported that Senator John Laurent and Representative Joe Spratt have agreed to be available at the Commission meeting of June 22, 1999 to give the Commissioners an update on the Legislative Session. The Florida Association of Counties will be holding their annual elections at the June meeting in Orlando, Florida. The Chair recommended that the Board Members endorse Commissioner Maxcy in his bid for second vice-president, as it would be a great benefit to the County.
Motion by Commissioner Flowers, seconded by Commissioner Stokes to set the agenda with additions as follows: Item 11 - Endorsement of Commissioner Maxcy as second vice-president of Florida Association of Counties Item 12 - Anti-drug Abuse Grant Distribution for the Sheriff’s Department
Upon roll call, all Commissioners voted aye. Motion carried.
4. Public hearing to consider proposed Small-scale Plan Amendment NEW BUSINESS: HEARING # CPA - 99-103SS - FRANKLIN J. CAROFANO Approximately 9.62 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from “General Agriculture” to “Commercial.” Applicant desires to have the land use and the zoning designation consistent. The property is zoned B-3 (Business district). The Development Director presented the Petition and Proof of Publication into the record. See Proof of Pub Ord. Book 2 Page 42. The recommendation of the Local Planing Agency was to approve including the mandatory findings in the staff report. The Chair opened the floor to the public. Frank Carofano, owner of the property, spoke in favor of the small-scale plan amendment. The Chair asked the County Administrator to address the effect that zoning will have on the County’s frontage road BOOK 18 PAGE 168
policy. Carl Cool reported that the Boards’ policy does not address frontage roads at the zoning or the plan amendment level. When the property is up for development, this issue will be addressed at that time. The Engineer’s office has prepared a draft concept of proposed frontage roads for a workshop to be held in July with DOT. Motion by Commissioner Stokes, seconded by Commissioner Flowers, to approve the Small Scale Plan Amendment and adopt Ordinance, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried.
5. Public hearing to consider changes to Chapter 12, Zoning Code Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 43. Jim Polatty, Development Director, explained that this is the first public hearing to consider changes to Chapter 12. He recommended that the Commission set another public hearing for June 8, 1999 at 9:00 a.m. The captions of the Ordinance were read into the record. Mr. Polatty reviewed the proposed changes and the Commission discussed the changes to the code. See SMB 34 Page 127 for copy. The Chair asked if the changes will have any effect on the Property Appraiser’s office. Mr. Macbeth advised that it will not. The Chair opened the floor to the public. Mr. Bill Spear of Lake Placid, spoke in opposition to any change in the zoning code, that would allow flea markets in residential areas. Robert Rebbman, representing the Moose Lodge, spoke in favor of the change to allow them to open a mini flea market. Commissioner Bullard suggested that restrictions should be addressed at the time of the special exception. Carl Cool spoke in favor of leaving flee markets in B-4. He does not believe that it will add to the value and quality of life in Highlands County. Commissioner Flowers, Gose, and Stokes agreed with Mr. Cool’s statement. The Chairman noted for the record that the majority of the Board Members were in favor of leaving flea markets in B-3. Mr. Polatty advised that staff will then delete section 3, and move the standards into Section 5. Section 5 will become Section 4. The hours of operation will be determined by the application of the Special Exception. See SMB 34 Page 127 for copy of minimum width of a transitional protective yard. Commissioner Bullard spoke in opposition to restricting a person from using his property. Changes were reviewed by Commissioner Bullard: Definition of flea markets enclosed. Consensus of the Commission to delete the reference from Section 12-96-B-3 flea markets inside only, and change the verbiage in (e). Add additional verbiage in Section 3. Item 4, Required off-street parking- add a strict requirement that they maintain open Fire and Emergency vehicle access. Under Section 4, Retail Establishments, delete secondhand merchandise. Ross Macbeth made a correction in Section 5 to have flea markets open with a special exception to include the wording shall be subject to the following conditions. See SMB 34 Page 130 for copy of corrected ordinance.
Break 10:30 a.m. 10:40 a.m. Delete Sec. 7 per the Development Services Director. Commissioner Bullard discussed the problems associated with the addition of a new Section 12-102 (Community Organization and Institutions District). He stated that he has a problem creating a district based on ownership and has comments on the way the district is laid out. Jim Polatty spoke in favor of the new section as it allows more options. Ross Macbeth spoke in opposition to the new district, because it will allow outdoor flea markets and carnivals. Commissioner Bullard stated problems with the broad base of permitted uses. After discussion, the consensus of the Board was to remove Section 8 from the ordinance and allow the Board to workshop in July. BOOK 18 PAGE 169
Motion by Commissioner Bullard, seconded by Commissioner Flowers, to hold the second public hearing on June 8, 1999 at 9:00 a.m. concerning changes to Chapter 12 of the Zoning Code. Upon roll call, all members voted aye. The motion carried.
6. Public hearing to consider amending Section 9-541 of the Code of Ordinances, pertaining to Lake Placid Special Benefit Fire District The County Administrator advised that the public notice was incorrectly advertised, stating that the hearing was to be held at the old Boardroom. A sign was placed on the door advising that the public hearings would take place at 600 S. Commerce Avenue. See Proof of Pub Ord. Book 2 Page 44 for copy. The Chair read the captions of the ordinance into the record. The Board Attorney explained that the Town of Lake Placid has adopted an ordinance consenting to the inclusion of the incorporated area of the Town of Lake Placid in the boundaries of the Lake Placid Special Benefit Fire District. This ordinance will amend the present ordinance to effect the change. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to adopt ordinance pertaining to the Lake Placid Special Benefit Fire District. Upon roll call, all Commissioners voted aye. Motion carried.
7. Public hearing to consider an ordinance calling for referendum on sales tax Proof of Publication entered into the record. See Proof of Pub. Ordinance Book 2 Page 45. The Board Attorney read the captions of the ordinance into the record and explained that the ordinance is required to extend the one cent sales tax and establish a date and time for the referendum to be held. The special date for the election is July 20, 1999. The Chair opened the floor for public input. John Williams addressed three aspects in opposition to the ordinance. Vaughn Whitesides also spoke in opposition. The County Administrator addressed the benefits already received from the one cent sales tax levy. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt ordinance providing for a special election to be held on the 20th day of July 1999, seeking a ratification or denial of extending the levy of one percent for financing local government infrastructure. Upon roll call, all Commissioners voted aye. Motion carried.
8. Public hearing to consider amending Section 2-1 of the Code of Ordinances, pertaining to extending sales tax Proof of Publication entered into the record. See Ordinance Book 2 Page 46. Ross Macbeth read the captions of the ordinance into the record and explained that this ordinance adds an amendment to Section 2-1 extending the term of the levy of the one-cent sales tax for a fifteen (15) year period. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Ordinance extending the sales surtax of one percent levied for the purpose of financing local governmental infrastructure projects. The Chair opened the floor to the public. Von Whitesides spoke in opposition and questioned the cost amount to hold a special election. The County Administrator estimated the amount at approximately $22,000.00. Upon roll call, all Commissioners voted aye. Motion carried.
9. Resolution to declare local emergency Motion by Commissioner Bullard, seconded by Commissioner Flowers, to extend the Resolution declaring a local emergency, pursuant to the State of Emergency declared by Florida Statutes. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 160. BOOK 18 PAGE 170
10. Request to approve budget amendment 98-99-255 for SHIP Program Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve budget amendment 98-99-255 to budget refunds from prior years to the Down Payment Program. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 161.
11. Endorsement of Commissioner Maxcy - FAC Second Vice-President Motion by Commissioner Flowers, seconded by Commissioner Bullard, to approve support of County staff time and County resources to help Commissioner Maxcy in his bid for the Second Vice-President of the Florida Association of Counties. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained, due to a conflict. A memorandum of voting conflict was entered into the record to become a part of the minutes. Motion carried. See SMB 34 Page 128.
12. Anti-drug Abuse Act - Distribution of grant funds Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve the Chairman execute a letter approving the distribution of $109,620.00 Anti-drug Abuse grant funds. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 34 Page 129.
13. ADJOURN The meeting adjourned at 11:40 a.m. ______Chairperson
Attest: ______Clerk
*********************************************************************************** PUBLIC HEARING OF THE BOARD, MAY 25, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
James L Gose C Michael Eastman David Flowers Carl Cool C Guy Maxcy J Ross Macbeth Edgar E Stokes Louise Graham Bob Bullard
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Audrey Vickers.
3. ANNOUNCEMENTS The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Mr. Cool reported that Senator John Laurent and Representative BOOK 18 PAGE 171
Joe Spratt have agreed to be available at the Commission meeting of June 22, 1999 to give the Commissioners an update on the Legislative Session. The Florida Association of Counties will be holding their annual elections at the June meeting in Orlando, Florida. The Chair recommended that the Board Members endorse Commissioner Maxcy in his bid for second vice-president, as it would be a great benefit to the County.
Motion by Commissioner Flowers, seconded by Commissioner Stokes to set the agenda with additions as follows: Item 11 - Endorsement of Commissioner Maxcy as second vice-president of Florida Association of Counties Item 12 - Anti-drug Abuse Grant Distribution for the Sheriff’s Department
Upon roll call, all Commissioners voted aye. Motion carried.
4. Public hearing to consider proposed Small-scale Plan Amendment NEW BUSINESS: HEARING # CPA - 99-103SS - FRANKLIN J. CAROFANO Approximately 9.62 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from “General Agriculture” to “Commercial.” Applicant desires to have the land use and the zoning designation consistent. The property is zoned B-3 (Business district). The Development Director presented the Petition and Proof of Publication into the record. See Proof of Pub Ord. Book 2 Page 42. The recommendation of the Local Planing Agency was to approve including the mandatory findings in the staff report. The Chair opened the floor to the public. Frank Carofano, owner of the property, spoke in favor of the small-scale plan amendment. The Chair asked the County Administrator to address the effect that zoning will have on the County’s frontage road policy. Carl Cool reported that the Boards’ policy does not address frontage roads at the zoning or the plan amendment level. When the property is up for development, this issue will be addressed at that time. The Engineer’s office has prepared a draft concept of proposed frontage roads for a workshop to be held in July with DOT. Motion by Commissioner Stokes, seconded by Commissioner Flowers, to approve the Small Scale Plan Amendment and adopt Ordinance, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried.
5. Public hearing to consider changes to Chapter 12, Zoning Code Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 43. Jim Polatty, Development Director, explained that this is the first public hearing to consider changes to Chapter 12. He recommended that the Commission set another public hearing for June 8, 1999 at 9:00 a.m. The captions of the Ordinance were read into the record. Mr. Polatty reviewed the proposed changes and the Commission discussed the changes to the code. See SMB 34 Page 127 for copy. The Chair asked if the changes will have any effect on the Property Appraiser’s office. Mr. Macbeth advised that it will not. The Chair opened the floor to the public. Mr. Bill Spear of Lake Placid, spoke in opposition to any change in the zoning code, that would allow flea markets in residential areas. Robert Rebbman, representing the Moose Lodge, spoke in favor of the change to allow them to open a mini flea market. Commissioner Bullard suggested that restrictions should be addressed at the time of the special exception. Carl Cool spoke in favor of leaving flee markets in B-4. He does not believe that it will add to the value and quality of life in Highlands County. Commissioner Flowers, Gose, and Stokes agreed with Mr. BOOK 18 PAGE 172
Cool’s statement. The Chairman noted for the record that the majority of the Board Members were in favor of leaving flea markets in B-3. Mr. Polatty advised that staff will then delete section 3, and move the standards into Section 5. Section 5 will become Section 4. The hours of operation will be determined by the application of the Special Exception. See SMB 34 Page 127 for copy of minimum width of a transitional protective yard. Commissioner Bullard spoke in opposition to restricting a person from using his property. Changes were reviewed by Commissioner Bullard: Definition of flea markets enclosed. Consensus of the Commission to delete the reference from Section 12-96-B-3 flea markets inside only, and change the verbiage in (e). Add additional verbiage in Section 3. Item 4, Required off-street parking- add a strict requirement that they maintain open Fire and Emergency vehicle access. Under Section 4, Retail Establishments, delete secondhand merchandise. Ross Macbeth made a correction in Section 5 to have flea markets open with a special exception to include the wording shall be subject to the following conditions. See SMB 34 Page 130 for copy of corrected ordinance.
Break 10:30 a.m. 10:40 a.m. Delete Sec. 7 per the Development Services Director. Commissioner Bullard discussed the problems associated with the addition of a new Section 12-102 (Community Organization and Institutions District). He stated that he has a problem creating a district based on ownership and has comments on the way the district is laid out. Jim Polatty spoke in favor of the new section as it allows more options. Ross Macbeth spoke in opposition to the new district, because it will allow outdoor flea markets and carnivals. Commissioner Bullard stated problems with the broad base of permitted uses. After discussion, the consensus of the Board was to remove Section 8 from the ordinance and allow the Board to workshop in July. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to hold the second public hearing on June 8, 1999 at 9:00 a.m. concerning changes to Chapter 12 of the Zoning Code. Upon roll call, all members voted aye. The motion carried.
6. Public hearing to consider amending Section 9-541 of the Code of Ordinances, pertaining to Lake Placid Special Benefit Fire District The County Administrator advised that the public notice was incorrectly advertised, stating that the hearing was to be held at the old Boardroom. A sign was placed on the door advising that the public hearings would take place at 600 S. Commerce Avenue. See Proof of Pub Ord. Book 2 Page 44 for copy. The Chair read the captions of the ordinance into the record. The Board Attorney explained that the Town of Lake Placid has adopted an ordinance consenting to the inclusion of the incorporated area of the Town of Lake Placid in the boundaries of the Lake Placid Special Benefit Fire District. This ordinance will amend the present ordinance to effect the change. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to adopt ordinance pertaining to the Lake Placid Special Benefit Fire District. Upon roll call, all Commissioners voted aye. Motion carried.
7. Public hearing to consider an ordinance calling for referendum on sales tax Proof of Publication entered into the record. See Proof of Pub. Ordinance Book 2 Page 45. The Board Attorney read the captions of the ordinance into the record and explained that the ordinance is required to extend the one cent sales tax and establish a date and time for the referendum to be held. The special date for the election is July 20, 1999. The Chair opened the floor for public input. John BOOK 18 PAGE 173
Williams addressed three aspects in opposition to the ordinance. Vaughn Whitesides also spoke in opposition. The County Administrator addressed the benefits already received from the one cent sales tax levy. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt ordinance providing for a special election to be held on the 20th day of July 1999, seeking a ratification or denial of extending the levy of one percent for financing local government infrastructure. Upon roll call, all Commissioners voted aye. Motion carried.
8. Public hearing to consider amending Section 2-1 of the Code of Ordinances, pertaining to extending sales tax Proof of Publication entered into the record. See Ordinance Book 2 Page 46. Ross Macbeth read the captions of the ordinance into the record and explained that this ordinance adds an amendment to Section 2-1 extending the term of the levy of the one-cent sales tax for a fifteen (15) year period. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Ordinance extending the sales surtax of one percent levied for the purpose of financing local governmental infrastructure projects. The Chair opened the floor to the public. Von Whitesides spoke in opposition and questioned the cost amount to hold a special election. The County Administrator estimated the amount at approximately $22,000.00. Upon roll call, all Commissioners voted aye. Motion carried.
9. Resolution to declare local emergency Motion by Commissioner Bullard, seconded by Commissioner Flowers, to extend the Resolution declaring a local emergency, pursuant to the State of Emergency declared by Florida Statutes. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 160.
10. Request to approve budget amendment 98-99-255 for SHIP Program Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve budget amendment 98-99-255 to budget refunds from prior years to the Down Payment Program. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 161.
11. Endorsement of Commissioner Maxcy - FAC Second Vice-President Motion by Commissioner Flowers, seconded by Commissioner Bullard, to approve support of County staff time and County resources to help Commissioner Maxcy in his bid for the Second Vice-President of the Florida Association of Counties. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained, due to a conflict. A memorandum of voting conflict was entered into the record to become a part of the minutes. Motion carried. See SMB 34 Page 128.
12. Anti-drug Abuse Act - Distribution of grant funds Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve the Chairman execute a letter approving the distribution of $109,620.00 Anti-drug Abuse grant funds. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 34 Page 129.
13. ADJOURN The meeting adjourned at 11:40 a.m. ______Chairperson BOOK 18 PAGE 174
Attest: ______Clerk
*********************************************************************************** BOOK 18 PAGE 193
PUBLIC HEARING OF THE BOARD JUNE 22, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
James L Gose Bob Jamision David Flowers Carl Cool C Guy Maxcy Cliff Ables Edgar E Stokes Louise Graham Bob Bullard
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bob Bullard. The prayer was given in special recognition for Mayor Dal Hall, in his passing. The Pledge of Allegiance was led by Tom Deer, Department of Transportation representative.
3. ANNOUNCEMENTS The County Administrator read the reported meetings into the record. Mr. Cool reported that the draft form of the construction and demolition ordinance is ready for review. A workshop will be held on July 13, 1999 for the Board to discuss. Additional meetings were announced for the benefit of the public. The Chair advised that Attorney Cliff Ables will be sitting in for the Board Attorney, J. Ross Macbeth.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, to set the agenda with an addition to approve budget amendments 98/99-287 and 98/99-290. Upon roll call, all Commissioners voted aye. Motion carried.
4. Proclamation of “Lakes Appreciation Week” Clell Ford, Lakes Manager, read the Resolution into the record. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Resolution proclaiming the week of June 27 through July 4, 1999 as Lakes Appreciation Week in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 169.
5. Public hearings to consider proposed large-scale Plan Amendment, small-scale Plan Amendments, zoning changes and consistency zoning changes The Chairman read a correction into the record. Hearing #1507 - Robert Matthew and Jonathan Wade Sherwood - Consistency Rezone should read Hearing #1508. Hearing #1508 - CIBA - Geigy Corporation c/o Novartis Crop Protection - Smoak Groves should read Hearing #1507.
CPA - 99-104LS - CRUTCHFIELD GROVES, INC. C/O CHASTAIN - SKILLMAN Approximately 97.89 acres located in Secs. 16 & 21, Twp. 35S, Rge. 29E, Highlands County, Florida. BOOK 18 PAGE 194
Requesting a Large Scale Plan Amendment from “General Agriculture” to “Commercial” and “General Agriculture” to “Industrial.” HEARING #1489 - CRUTCHFIELD GROVES, INC. C/O CHASTAIN - SKILLMAN Approximately 97.89 acres located in Secs. 16 & 21, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-3 (Business district) and I-2 (Industrial district). Applicant desires commercial and industrial uses. Petition and Proof of Publication entered into the record by the Development Services Director. See Proof of Pub. Ord. Book 2 Page 47. The applicant is proposing to develop approximately 22 acres of the site to accommodate commercial uses such as a major retail facility. The remaining approximately 76 acres is proposed to be developed into industrial sized parcels. The development will be formatted into a park of commerce theme. The Chair opened the floor to the public. No one spoke in opposition. Ron Cauthen, representing the petitioner, Jim Stanfill, EDC Director, and John Borgemeister, an adjacent property owner, spoke in support of the project.
Commissioner Bullard asked the sitting attorney if the Board needs a separate motion for the Plan Amendment and the Rezone. Cliff Ables advised that one motion will be sufficient if both approvals are stated in the motion. The Chair recommended that staff address the fire issue due to the growth in that area. Motion by Commissioner Stokes, seconded by Commissioner Flowers, to enter the mandatory findings into the public hearing record, and to approve the B-3, “Business district” and I-2 “Industrial district” zoning resolution and the Large Scale Plan amendment to “Commercial” and “Industrial” land use designations on the Future Land Use Map, subject to the easement of uses not permitted (Exhibit “A”) and performance standards for screens (Exhibit “B”) which are included in the staff report, contingent upon the Large Scale Plan amendment being transmitted and determined in compliance with Chapter 163, Part II, Florida Statutes, by the Florida Department of Community Affairs. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 170.
HEARING # CPA - 99-106SS - JAMES M. WOHL, ET AL C/O CHASTAIN - SKILLMAN Approximately 9.92 acres located in Sec. 33, Twp. 34S, Rge. 29E, Highlands County, Florida. Requesting a Small Scale Plan Amendment from “Medium Density Residential” to “High Density Residential.” HEARING #1491 - JAMES M. WOHL, ET AL C/O CHASTAIN - SKILLMAN Approximately 9.92 acres located in Sec. 33, Twp. 34S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from M-2 (Mobile Home Park district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to construct an Alzheimer’s patient care facility. Petition and Proof of Publication entered into the record by the Development Director. See Proof of Pub ordinance Book 2 Page 48. The Chair opened the floor to the public. Jim Stanfill, Director of EDC, endorsed the project and the rezoning change. Motion by Commissioner Bullard, seconded by Commissioner Stokes, to approve according to the Planning and Zoning recommendations, and adopt Resolution and Ordinance for the Small Scale Amendment and approve the R-3 FUD zoning, contingent upon approval of CPA - 99-106SS by DCA, and after entering into the record the mandatory findings. BOOK 18 PAGE 195
Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page171.
HEARING # CPA - 99-108SS - SUNRIDGE BAPTIST CHURCH OF SEBRING, INC. C/O DANIEL HOTTE Lots 252, 253, 254 and 255, Sebring Ridge, Section A, as recorded in PB. 7, Pg. 45 of the Public Records of Highlands County, Florida. Requesting a small scale plan amendment from “ Medium Density Residential” to “Commercial.” HEARING #1492 - SUNRIDGE BAPTIST CHURCH OF SEBRING, INC. C/O DANIEL HOTTE Lots 252, 253, 254 and 255, Sebring Ridge, Section A, as recorded in PB. 7, Pg. 45 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to B-3 (Business district). Applicant desires to construct a parking lot for the proposed retail business on U.S. Hwy. 27, and is proposing to convert four residential lots to accommodate a parking area and a retention area for an adjacent commercial facility which fronts on U.S. Highway 27. Jim Polatty presented the Petition and Proof of Publication into the record. See Proof of Pub Ordinance Book 2 Page 49. The Chair opened the floor to the public. John Borgemeister, representing the Petitioner, stated that he will answer any questions that may arise. Motion by Commissioner Bullard, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission recommendations, to approve the B-3 ( Business district) zoning resolution and adopt by ordinance the small-scale Plan Amendment for “Commercial” land use designation on the Future Land Use Map, after entering into the record the mandatory findings. The zoning request shall be contingent upon the small-scale Plan Amendment being transmitted and determined incompliance with Chapter 163, Part II, Florida Statutes, by the Florida Department of Community Affairs. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 172.
HEARING #CPA - 99-109SS - GARY GERMAINE C/O DANIEL HOTTE Lots 1, 2, 3, 4, and 5, of Kenilworth Triangle Resurvey Tract “A” in Sec. 5, Twp. 35S, Rge. 29E, Highlands County, Florida. Containing approximately 0.3 acres. Requesting a small scale plan amendment from “High Density Residential” to “Commercial.” Proof of Publication entered into the record. See Proof of Pub Ordinance Book 2 Page 50. Mr. Polatty advised that access will be handled at the site plan hearing and staff is recommending that the property not be accessed from Clara Street. John Borgemeister, representing the petitioner, reported that the site plan does not show any access from Clara Street. Commissioner Maxcy presented drainage questions. John Borgemeister advised that all the issues will be addressed with the permitting process. Motion by Commissioner Stokes, seconded by Commissioner Flowers, in accordance with the Local Planning Agency, to approve and adopt by ordinance the small-scale Plan amendment for Commercial land use designation on the Future Land use, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING #1493 - BOARD OF COUNTY COMMISSIONERS C/O GARY LOWER Approximately 35.41 acres located in Sec. 26, Twp. 37S, Rge. 30E, Highlands County, BOOK 18 PAGE 196
Florida. Requesting a zoning change from AU (Agricultural) to PU (Public Lands district). The uses will be a marl pit, mining of materials, landfill limited exclusively to natural vegetative material, clean concrete, clean cinderblock, bricks and ceramic tile and store, recycle or mulch, soil muck, natural vegetative material and governmental buildings. Jim Polatty presented the Proof of Publication and the Petition into the record. See SMB 35 Page 1. Mr. Polatty reported that the Planning and Zoning Commission tied three to three in their motion to approve and there are no recommendations to the Board of County Commissioners. The problem stated was the uses. Carl Cool asked that the Board eliminate the words, landfill limited exclusively to natural vegetative material. The Chair opened the floor to the public. Attorney Wendell Whitehouse spoke in favor of the rezone. Hank Kowalski stated that he has no problem with above ground storage, but feels different about underground. Motion by Commissioner Stokes, seconded by Commissioner Bullard, to approve zoning change from AU (Agricultural) to PU (Public Lands district) and adopt Resolution with the uses limited to governmental buildings, marl pit, mining of materials, landfill limited exclusively to clean concrete, cinderblock, bricks, ceramic tile, and the above ground storage, recycling or mulch, soil, sand, muck, and natural vegetative materials, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 173.
Break 10:00 a.m. - 10:10 a.m.
8. 10:00 a.m. - Legislative Delegation: Post session briefing Local legislators gave the Board of County Commissioners a post session briefing. Sen. John Laurant reported that he is confident that the drastic budget cuts will be avoided next year. The P-2000 will be extended and a substantial funding for aquatic weed control. The Florida Forever Act addressed funding for the Department of Agriculture and the DEP to come up with some best management practices that will address agriculture, urban, and stormwater runoff.
Representative Joe Spratt stated that small counties, such as Highlands, have always struggled to get a share of state funding. Highlands County has been helped by its classification as a small county, making it eligible for special assistance from the state for projects such as education and roads. However, Highlands is close to losing its classification because of its population growth. The classification for small county status could be raised, but that might reduce the available funding because more counties will be eligible for assistance.
Representative Rick Minton stated that the small counties were dealt the biggest blow in the budget cuts. Included in the budget cuts were the $275,000 for renovation to the courthouse and the $100,000 for caladium research. Rep. Minton vowed to fight for projects within his district during next year’s budget planning. He reported that one of the bills signed this year, was placing a nurse in every school. Another bill that he is working on is the teen-age driving bill, which has become very controversial. 65,000 teenagers have died in car accidents. Only 53 of our 67 counties offer drivers education in the schools. Another issue is Trauma Care. Every county should have trauma care delivered. He is also working on the certificate of need process to deregulate our health care delivery system. BOOK 18 PAGE 197
Commissioner Maxcy asked for discussion on term limits. Representative Minton stated that term limits have disadvantages. It puts people in positions of leadership before they are ready. Legislators need time to learn how the political system works before they can be effective. The County Administrator reviewed the net savings of $425,000 that will benefit the county next year, due to legislative changes in Tallahassee. See SMB 35 Page 2. Commissioner Gose asked for discussion on the Sprint toll free dialing. Rep. Spratt advised that he is working with the company on this item. They are offering a number of different plans that may suit each individual. The factor that keyed the change was the heavy internet users that are tying up trunk lines. He will continue to fight for toll free dialing. Rep. Minton related that technology will handle this problem in the future. The County Administrator asked for help in opening up Arbuckle Creek, where it empties into lake Istokpoga. There is a flooding threat because of the water not flowing out of the Creek Senator Laurant advised that he will work for a conclusion to this problem. The Chair opened the floor to the public. The following persons spoke to the legislators. • Lisa Dunson, representing the Citrus Growers Association, thanked the legislators for their help with the Citrus Eradication Program. • Allon Fish, Executive Director of the Sebring Chamber of Commerce, thanked the legislators for their continued support. • Mr. Niebert, from Arbuckle Creek, presented suggestion for dredging the creek. • Perry Newport spoke to the telephone issue. • Ray Napper addressed the issue of internet users tying up phone lines. • Hank Kowalski expressed disappointment that the NRA had success in killing a measure to have the scrub jay named Florida’s state bird and spoke regarding other environmental issues. • Gabriel Read asked the delegation to pursue children’s programs to hold families together. • Robert Galloway thanked the delegation for their ongoing efforts with Lake Istokpoga.
Break 10:20 a.m. - 10:35 a.m.
HEARING #1508 - ROBERT MATTHEW AND JONATHAN WADE SHERWOOD - CONSISTENCY REZONE Approximately 7 acres located in Sec. 12, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a consistency zoning change from R-1 (Residential district) to AU (Agricultural). Applicant desires a grove, construct a single family home and be consistent with the Future Land Use Map. Petition and Proof of Publication entered into the record by Jim Polatty. See Proof of Pub Ordinance Book 2 Page 51. The Chair opened the floor to the public. No one spoke for or against the zoning change. Motion by Commissioner Stokes, seconded by Commissioner Bullard, in accordance with the Planning and Zoning Commission, to approve the consistency Rezone and adopt by Resolution, after entering into the record, the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 168.
HEARING #1507- CIBA - GEIGY CORPORATION C/O NOVARTIS CROP PROTECTION - BOOK 18 PAGE 198
CONSISTENCY REZONE Approximately 30.37 acres located in Sec. 34, Twp. 35S, Rge. 29E Requesting a zoning change from I-1 (Industrial district) to AU (Agricultural). Applicant desires a grove and to be consistent with the Future Land Use Map. Proof of Publication and Petition entered into the record by Jim Polatty. See Proof of Pub Ordinance Book 2 Page 51. There were no letters received and no one spoke for or against the request. Motion by Commissioner Stokes, seconded by Commissioner Flowers, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution as presented, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 174.
6. Public hearing to consider second round of EAR-based amendments (99-2) Jim Polatty explained that the purpose of this public hearing is to receive public input, amend the EAR- Based amendments, and transmit to the DCA. The Planning and Zoning Agency recommends that the Board approve the second round (99-2) of EAR amendments and all the changes approved by the NRAC in their review. The Proof of Publication was entered into the record. See Proof of Pub Ordinance Book 2 Page 52. Mr. Polatty reviewed the amendments. The Chair opened the floor to the public. Hank Kowalski objected to the date on the Development Environmental Education Program by the year 2010. He felt that it should be rewritten. Commissioner Bullard spoke in favor of completing before that date. Commissioner Bullard discussed Policy 1.1 General Growth Management Strategy. He has concerns on negative wording. Item #3 - suggest provision to wording of sprawl to try to make it more user friendly. The consensus of the Board was to defer until the Board has time to workshop. Page 9 - Item number 23 - to add the word; geology as well as soil types is an important element in mapping recharges. Item 34 - concerns of taking away the power from the Board to regulate discharges. Correction to the last sentence to add the word The, to make it a complete sentence. Consensus of the Board to defer this item to Round 3. Page 10 - Policy 7.19 (Add the word, By January 2000, the County shall be the lead local agency for coordination). Page 11 - Policy 7.24: add the word standards. Consensus to defer policy 7:24 and ask that the Water Management Districts put together a map of everything in one area.
Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve the transmittal of the second round of EAR-Based amendments (99-2) as recommended by the Local Planning Agency and the Natural Resources Advisory Council with the deferral of Policy 1.1, Item 4.32; Policy 7.11 and Policy 7.24, to the Department of Community Affairs. The Chair opened the floor to the public. Attorney Wendell Whitehouse presented questions on the Kissimmee River Management Plan and concerns on Objective 8: Water Conservation. Upon roll call, all Commissioners voted aye. Motion carried.
7. Public hearing to consider CDBG housing applications and resolution Petition and Proof of Publication entered into the record by Stephen Weeks. See SMB 35 Page 4. Stephen Weeks read into the record the advertisement. The Development Services Director stated for the record, that the grant may not be funded because the points are low due to the County receiving two grants since 1990. The Chair opened the floor to the public. No one spoke for or against. Motion by BOOK 18 PAGE 199
Commissioner Maxcy, seconded by Commissioner Flowers, to adopt Resolution and approve the application for the 1999 Community Development Block Grant to the Department of Community Affairs for the purpose of replacing housing that is substandard and creates health and safety problems. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 3.
A. Community Development Block Grant - approval of updated CDBG Housing Assistance Plan Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt Resolution authorizing the submission of a Housing Application to the Department of Community Affairs for the Small Cities Community Development Block Grant Program for Fiscal Year 1999. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 174.
B. Resolution Amending the Housing and Community Development Guidelines Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt Resolution amending the Housing and Community Development Guidelines. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 175.
C. Amendments to SHIP Housing Assistance Plan 1998-2001 Motion by Commissioner Bullard, seconded by Commissioner Maxcy, to adopt Resolution and approve a modification in the 1998-2001 SHIP Housing Assistance Plan. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 176.
D. Resolution Authorizing the Use of Ship Funds Motion by Commissioner Flowers, seconded by Commissioner Stokes, to authorize the use of SHIP Funds as leverage in the Small Cities Community Development Block Grant Housing Program for Fiscal Year 1999. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 177.
9. Recommendation of Small County Road Assistance Program candidate projects Ramon Gavarrete, County Engineer, presented a list of projects to be considered for the Small County Road Assistance Program. Only three projects will be chosen out of the five presented. Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve the prioritized list of Small County Road Assistance Program candidates for submittal to the Florida Department of Transportation with changes from design to reconstruct on items number 1 and 5. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 5.
10. Budget Amendments 9899-287-290 Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve budget amendments #98/99-287 to replace Base Radio Station damaged by lightning and 98/99-290 for principal and interest payment on revenue certificate in the Orange Blossom Unit 12 District. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 6.
BOOK 18 PAGE 200
11. ADJOURN The meeting adjourned at 12:45 p.m. ______Chairperson
Attest: ______Clerk
***************************************************************************** BOOK 18 PAGE 246
PUBLIC HEARING OF THE BOARD, AUGUST 24, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
James L Gose Mike Eastman David Flowers Carl Cool C Guy Maxcy J Ross Macbeth Edgar E Stokes Louise Graham Bob Bullard
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by the Tax Collector, Charles Bryan.
3. ANNOUNCEMENTS The County Administrator read the reported announcements into the record. Additional meetings were announced for the benefit of the public. • Commissioner Bullard requested a recommendation from the Water Advisory Committee for replacement of openings on the committee. • Tom Portz presented a report on a citizen inquiry regarding Comcast Cable charges. He met with Mr. Trammell and a full report will be forthcoming. He advised that within the next sixty to ninety days, Comcast expects to hook up live broadcast to Lake Placid. • Tom Deer, Florida Department of Transportation, appeared before the Board, with special thanks for the Boards’ cooperation in the last four years. He will be leaving this area to assume a different position. • Mr. John Martz, representing Florida Power Corporation, announced that Florida Progress, the parent company, has agreed to be acquired by Carolina Power and Light out of Raleigh, North Carolina. He will continue to update the Board on the progress.
Motion by Commissioner Stokes, seconded by Commissioner Flowers, to set the Action Agenda as presented. Upon roll call, all Commissioners voted aye. The motion carried.
4. Public hearing to consider proposed Small-Scale Plan amendments and zoning changes Proof of Publications entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ord Book 2 Page 62.
OLD BUSINESS: HEARING # CPA - 99-115SS - W. H. JR. & MARCELLA S. SEBRING - COUNTY INITIATED Approximately 3.96 acres located in Sec. 06, Twp. 36S, Rge. 29E, Highland County, Florida. BOOK 18 PAGE 247
Requesting a Small-Scale Plan Amendment from “Existing Designation” to “General Agriculture.” The Local Planning Agency recommended to the Board of County Commissioners approval of CPA -99-115SS. Petition presented by the Development Services Director. HEARING #1511 - W. H. JR. & MARCELLA S. SEBRING - COUNTY INITIATED Approximately 3.96 acres located in Sec. 06, Twp. 36S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from B-3 (Business district) to AU (Agricultural). Applicant desires to construct a home. The Planning and Zoning Commission recommended to the Board of County Commissioners approval of Hearing #1511. The Chair opened the floor to the public. Kimberly Sapp, representing the petitioner, spoke in favor. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, in accordance with the Local Planning Agency, to approve and adopt by Ordinance CPA - 99-115SS, and Resolution, contingent upon approval of CPA-99-115SS by DCA, upon entering into the record the mandatory findings. Commissioner Bullard entered a letter into the record from Hank Kowalski, in opposition, due to land clearing being performed. Mr. Polatty advised that the Comp Plan allows the clearing of one-half acre for a single family house. If the applicant applies for a permit, a determination will be made on the clearing. However, the land clearing does not prohibit the approval process. See SMB 35 Page 83. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 195.
CPA - 99-113SS - R. GREG HARRIS C/O CLIFFORD R. RHOADES, P.A. Approximately 8.22 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from “Existing Designation” to “Commercial.” The Local Planning Agency recommended to the Board of County Commissioners approval of CPA - 99-113SS. HEARING #1510 - R. GREG HARRIS C/O CLIFFORD R. RHOADES, P.A. Approximately 8.22 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-3 (Business district). Applicant desires to operate a security monitoring, assembly and delivery business. Staff was not in favor of the zoning, due to the surrounding location, and the sprawl indicators in the Florida Statutes. The Planning and Zoning Commission recommended to the Board of County Commissioners approval of Hearing #1510, contingent upon approval of CPA - 99-113SS by DCA. The Chair opened the floor to the public. Mr. Ralph Metzger advised that there were 27 people from his subdivision at the zoning hearing in opposition. He read a letter, explaining the dangerous condition at the intersection. Jerry Fritz also spoke in opposition. Cliff Rhoades, attorney representing the contract purchaser, presented a site plan of the development and explained the concept. James Parker, representing the contract purchaser, reviewed the site plan, and agreed to build a shed for the children to stand while waiting for the bus. He stated that the company will employee at least twenty people and will agree to pave Markland Road up to their property line. Jim Stanfill, Director of the EDC, spoke in support of the project. Commissioner Stokes spoke in favor of the good clean industry in our community. Commissioner Flowers stated concerns for opening up this property to B-3 zoning.
Motion by Commissioner Stokes, seconded by Commissioner Maxcy, in accordance with the Planning and BOOK 18 PAGE 248
Zoning Commission, to approve and adopt by Resolution and Ordinance, contingent upon approval of CPA - 99-113SS by DCA, after entering into the record the positive mandatory findings. Commissioner Stokes amended the motion to include a 50-foot right of way if required, and all other accommodations as noted for the school children. Ralph Metzger, Charles Fritz, and Gabriel Read spoke in opposition. Ramon Gavarrete, County Engineer, advised that his office will be reviewing the plans at the time of development and frontage roads may be addressed. Commissioner Maxcy asked the Board to consider making the zoning contingent upon this particular use proposed. Commissioner Bullard proposed an amendment to the motion to only rezone the site plan, Lot 14.3, which corners on Markland Road and State Road 66 as B-3 zoning, seconded by Commissioner Stokes. The Chair opened the floor for public input. Cliff Rhoades stated that the petitioner wants all the property zoned B-3 but if the Board votes for this motion, he would request that the Board add 50 feet to the site plan, because of the road requirement. Ross Macbeth suggested clarity on what property will be rezoned. After discussion, the Chairman stated the intentions of the Board is to zone the site plan property B-3, or if appropriate, change the zoning of lot one to B-3 and leave the other property at B-2.
Break 10:35 a.m. - 10:45 p.m.
Cliff Rhoades, speaking for the petitioner, stated that he believes the owner would prefer that the motion read that the B-3 rezone include Markland west to 635 and to deny the property east of Markland Lane. He would like to leave the option open for expansion. The Board Attorney asked if the owner will consider a unity of title agreement linking all the property west of Markland as one lot that could not be further subdivided. Attorney Rhoades responded that he seriously doubts that aspect. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to continue this Hearing until September 7, 1999 to allow the owners input, and in the interim, staff contact the developer for a workable solution. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 84.
NEW BUSINESS: CPA - 99-117SS - MARK BROWN AND PATRICIA ANN BROWN C/O J. MICHAEL SWAINE Lots 12866 thru 12869, Avon Park Lakes Unit 40, as recorded in Plat Book 5, Page 83, of the Public Records of Highlands County, Florida. Requesting a small scale plan amendment from “Medium Density Residential” to “Commercial.” The Local Planning Agency recommended to the Board of County Commissioners approval of CPA - 99-117SS. HEARING #1512 - MARK BROWN AND PATRICIA ANN BROWN C/O J. MICHAEL SWAINE Lots 12866 thru 12869, Avon Park Lakes Unit 40, as recorded in Plat Book 5, Page 83, of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to B-3 (Business district). Applicant desires commercial activities comparable with adjacent property fronting on SR 64. The Planning and Zoning Commission recommended to the Board of County Commissioners to approve Hearing #1512. There were zero letters for and two against. A petition with 20 signatures, representing 12 households, were entered into the record in opposition. The Chair opened the floor to the public. Kimberley Sapp, representing the BOOK 18 PAGE 249 petitioners, spoke in favor. Ross Macbeth noted concerns expressed by the homeowners in opposition to allowing commercial use to invade into a residential neighborhood. Commissioner Flowers stated that this was heard one year ago and was denied due to an intrusion of a commercial use into a residential area. Rev. Garcia spoke in favor of the zoning. Miguel Cruz, representing his neighbors, spoke in opposition. Mark Brown presented his plea to the Board and advised that he is willing to sign an affidavit that there will be no semi storage trailers or trailers placed on the back property. Ross Macbeth advised that there is no way to cure non-conformity. Commissioner Flowers asked if we can restrict future B-3. Mr. Macbeth stated that a restricted covenant can be recorded with the approval process. Uses will have to be discussed. Commissioner Bullard suggested a restrictive covenant running with the land, a thirty foot set back from any abutting residential property and a vegetative buffer to meet county specifications, and with no trailers in the back. Motion by Commissioner Bullard, seconded by Commissioner Maxcy, to continue the Hearing until Sept 7, 1999 and the applicant bring back to the Board a proposal for restrictive covenants on the two outside lots with the center lots to have standard B-3 zoning and a buffer. Upon roll call, all Commissioners voted aye. Motion carried. Commissioner Bullard requested that the applicant’s counsel confer with the Board attorney to work out the legality of the proposal.
HEARING #1513 - SUN ‘N LAKE PROPERTIES, INC. C/O DALE POLSTON Approximately 9.06 acres located in Sec. 16, Twp. 34S, Rge. 38E, Highlands County, Florida. Requesting a zoning change from R-3 FUD (Multiple Dwelling district with a Flexible Unit Development), B-1 (Neighborhood Business district) and B-3 (Business district) to B-3 (Business district). Applicant desires to construct warehouses, retail space, office space and rental apartments. The Planning and Zoning Commission recommended to the Board of County Commissioners approval of Hearing #1513, including the mandatory findings in the staff report. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Flowers, seconded by Commissioner Bullard, in accordance with the Planning and Zoning Commission to approve and adopt by Resolution and after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 195.
CPA - 99-118SS - IGLESIA CRISTO TE AMA, INC. C/O J. MICHAEL SWAINE Lots 12853 through 12865, Avon Park Lakes Unit 40, as recorded in Plat Book 5, Page 83 of the Public Records of Highlands County, Florida. Requesting a small scale plan amendment from “Medium Density Residential” to “Commercial.” The Local Planning Agency recommended to the Board of County Commissioners denial of CPA - 99-118SS. HEARING #1514 - IGLESIA CRISTO TE AMA, INC. C/O J. MICHAEL SWAINE Lots 12853 through 12865, Avon Park Lakes Unit 40, as recorded in Plat Book 5, Page 83 of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to B-3 (Business district). Applicant desires commercial activities including church related activities comparable with adjacent property fronting on SR 64. The Planning and Zoning Commission recommended to the Board of County Commissioners denial of BOOK 18 PAGE 250
Hearing #1514. The Chair opened the floor to the public. Kimberly Sapp, representing the petitioner, spoke in favor. The Browns have not objection to the zoning. The petitioner has the option to request a special exception before the Board of Adjustment. One letter was received in opposition. Motion by Commissioner Bullard, seconded by Commissioner Flowers, in accordance with the Planning and Zoning Commission to deny Hearing #1514 and to deny CPA - 99-118SS, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye. Motion carried.
5. Public hearing to consider proposed changes to Chapter 12, Zoning Code Proof of Publication entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ord. Book 2 Page 63. Mr. Polatty read the captions of the ordinance into the record. He stated that we are not amending the FUD and will need to delete number 7. This is the first of two public hearings. Commissioner Bullard reviewed corrections as listed: Correct PD to omit hyphen. Page 3 G. General requirements - Permitted uses: Add sentence back in. Page 3 Option #2-Existing Development should have the same requirement as Option # 1-New Development. In the Ordinance Page 5 Number (2) Traffic Analysis, also add number 1. Page 8: Review and approval process - delete one (County Commission).
Ross Macbeth explained the accessory dock provision. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to set the second public hearing for 9:00 a.m. on September 7, 1999. The Chair opened the floor to the public. Charles Robards reiterated the need for the dock provision. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 85.
6. Public hearing to consider purchase of property Proof of Publication entered into the record. See SMB 35 Page 86. The County Administrator presented request for the purchase of property. Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to accept the proposal from Wendy and Charlie White for Farm Lot 46, Section 33, TWP 34S, RGE 29 E. in the amount of $10,000 for right of way for the future needs of the Eucalyptus Parkway Phase II roadway with stipulations that we pay for the redesign of the site. Upon roll call, all Commissioners voted aye. Motion carried.
7. Public hearing to consider vacation of plat - Okeechobee Highlands Acres Petition and Proof of Publication entered into the record by Ramon Gavarrete, County Engineer. See SMB 35 Page 87. The request is to vacate a portion of Okeechobee Highland Acres as per plat recorded in Plat Book 2, Page 67. Attorney James Livingston was representing Louis E. and Reda B. Larson, Petitioners. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to adopt Resolution vacating a portion of Okeechobee Highland Acres . Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page197.
8. Public hearing to consider adoption of Standard Housing Code BOOK 18 PAGE 251
Jim Polatty presented the Proof of Publication into the record. See Proof of Pub Ord Book 2 Page 64. Captions of the ordinance was read into the record by the Chairman. Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt Ordinance, adopting the Standard Housing Code, 1997 edition. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 68.
9. Development Director: Appointment of Housing Official Jim Polatty, Development Director, presented request for appointment of Housing Official to facilitate the enforcement of the newly adopted Standard Housing Code. Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to appoint S.Y. Moseley, Building Official, or his designee as the Enforcement Official for the Standard Housing Code, 1997 Edition. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 12 Page 198.
10. County Engineer: Request for approval of demolition and removal of house Ramon Gavarrete, County Engineer, presented request for the demolition and removal of a house for the South Commerce Avenue Annex Public Parking Lot. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to approve the request as presented. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 69.
11. Sebring Regional Airport: Request for loan Mike Willingham, Executive Director, presented request to the Commission for consideration of Highlands County guaranteeing a loan through the Florida Local Government Finance Commission. The loan is needed to facilitate the final plans to construct several facilities. The Commission, through their underwriter, First Union, has approved the loan request in the amount of $3,266,301, which equals the aggregate principal amount of the commercial paper of $3,000,000 plus an interest factor of 270 days at 12%. This will save the Authority up to $50,000 in interest expense. Rick Helms presented input on the meeting with Mike Eastman, Mike Carter and John Martz, regarding the various projects at the airport. They reviewed the Countys’ Capital Improvement Plan and the impact on the borrowing power. He does not feel that guaranteeing the loan will create any negative impact to the County in their borrowing capacity. Mike Eastman agreed with the summation. Motion by Commissioner Maxcy, seconded by Commissioner Bullard, to approve the request and the revised project sheet. The chair opened the floor to the public. Richard Conover spoke in opposition to motion and requested an opinion of the attorney. Ross Macbeth spoke in favor of the motion. Upon roll call, all Commissioners voted aye. Motion carried. See Sebring Airport file for copy.
12. County Administrator: A. Recommended Audit Contract Carl Cool, County Administrator, presented recommendations to approve the Audit Contract with NCT Group CPA’s, LLP, for Professional Financial Audit Services in the amount of $119,700 for fiscal year 98- 99. Ross Macbeth discussed the renewal contract provision. This contract can go for four years and then renew for any length that the Board and the auditor agree upon. Mike Eastman spoke in favor of the BOOK 18 PAGE 252 provision. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve the contract and authorize the Chairman to execute the contract on behalf of the Board. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 70.
B. Requests from City of Sebring - Max Long complex and Veterans Beach The County Administrator presented request of Bob Hoffman, Administrator for the City of Sebring, for the submission of FRDAP applications to construct two adult softball fields at the Max Long Recreation Complex, and various construction projects at the Veterans Beach. The project cost for the softball fields is listed at $150,000, with $37,500 as the local match. He proposed to split the local match at 25% City and 75% County, which is the approximate rate of users of this facility. The match could be either in-kind services or cash or a combination. The projected cost of the Veterans Beach project is listed at $400,000, of which $200,000 would be the local match. Accordingly, the local match would be split $50,000 City and $150,000 County. The Chair stated concerns for the amount of the funding request before staff has time to look at the CIP. Rick Helms advised that it is difficult to make a predication without time to review. Carl Cool spoke in favor of the local match for the projects. Commissioner Maxcy stated concerns that we are building too many softball fields. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to approve the match proposed for the County and the submission of the grant applications. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 71.
C. Request for approval of Library grant agreement Carl Cool reported that the Library Director has received a check from the Gates Learning Foundation in the amount of $47,472 to be used to purchase computers for the libraries. The grant will provide funding for the purchase, and on-site training for a minimum of two full days at each library. Motion by Commissioner Stokes, seconded by Commissioner Bullard, to approve the Gates Library Initiative Grant Agreement and the purchase of the public access computers, and other equipment provided by the Gates grant. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 72.
D. Request for approval of commodities grant agreement modification The Commission discussed the request from Mary Foy, Asst. Director of Human Services, to approve the Commodities Grant Agreement modification. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve the modification to the Grant Agreement and authorize the Chair to sign the modification in the amount of $2,500. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 73.
13. ADJOURN The meeting adjourned at 1:45 p.m. ______Chairperson BOOK 18 PAGE 253
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, SEPTEMBER 15, 1999 HIGHWAY PARK SPECIAL BENEFIT DISTRICT
1. The Public Hearing was called to order at 5:30 p.m. in the Board of County Commission Agriculture Center at George Blvd., Sebring, Florida with the following members present:
James L. Gose Mike Eastman David Flowers Carl Cool C Guy Maxcy J Ross Macbeth Edgar E Stokes Louise Graham
Also present was Rick Helms, Budget Officer, Treasa Handley, Assessment Coordinator, Tim Eures, Emergency Operations Director and Bill Stephenson, Special Projects Director.
2. Public Hearing Statement read by Chairperson.
3. Carl Cool, County Administrator, presented the Proof of Publication into the record. See SMB 35 Page 100. He also placed into the public record a memorandum to the Board from Benjamin Eddings, County Employee, who was at the Ag Center September 14, 1999 from 5:00 P.M. to 7:00 P.M. to greet any citizens coming to the public hearings that were to be held that night. He met no one coming to this meeting and received no documentation. See SMB 35 Page 101.
4. Bill Stephenson, Special Projects Director, presented a tally of the surveys mailed out. There were 520 letters mailed out, 39 were returned as yes votes, eight returned as no votes and one returned with no preference. The recommendation of staff is to approve the assessment for Street Lights in Highway Park.
5. Consideration of Highway Park Special Benefit District The Resolution was read into the record by the Chairperson. The Chair opened the floor to the public. No on spoke for or against. Treasa Handley, Assessment Coordinator, advised that seven phone calls were received in favor, and one requesting information. Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt Resolution, adopting a non-ad valorem assessment for the Highway Park Estates Special Benefit District setting the assessment at no more than $20.00 per improved lot or fraction thereof, and $5.00 per unimproved lot or fraction thereof. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 19. Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve the contract with the Tax Collector and the Property Appraiser for administrative services. Upon roll call, all Commissioners voted aye. Motion carried. Ross Macbeth suggested a modification to the Resolution to remove language no more than. Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve language to read the amount of the assessment shall be set at $20.00 per lot or fraction thereof, and $5.00 per unimproved lot or fraction thereof. Upon roll call, all BOOK 2 PAGE 29
Commissioners voted aye. Motion carried. See Highway Park District for copy of information. The meeting adjourned at 5:40 p.m.
6. Consideration of Lake Placid Special Benefit Fire District The Chairman called the meeting to order at 6:00 p.m.
7. Public Hearing statement read by Chairperson 8. Carl Cool, County Administrator, presented the Proof of Publication into the record. See SMB 35 Page 102. He also placed into the public record a memorandum to the Board from Benjamin Eddings, County Employee, who was at the Ag Center September 14, 1999 from 5:00 P.M. to 7:00 P.M. to greet any citizens coming to the public hearings that were to be held that night. He met one person coming to the meeting and they agreed to come back. He received no documentation. See SMB 35 Page 103.
9. Treasa Handley, Assessment Coordinator, stated that five phone calls were received for the assessment, zero against and eight called requesting information. 5,368 notices were mailed out, with 368 returned. She also read a letter into the record from Liberty Baptist Church, in opposition to the assessment.
10. The Chairman opened the public hearing for input from the floor. Clint Smith read a letter into the record regarding the assessment of the Masonic Lodge and the Boy Scouts’ facility. Both are leased to the Town of Lake Placid. He registered the complaint because he does not feel that the facilities are commercial. Ross Macbeth advised that the Board may opt to exempt properties leased to a governmental entity. Commissioner Flowers recommended that the Board exempt these properties. Pauline Dionne, Mayor of Lake Placid, suggested that we specify that this is not a tax, it is an assessment. Ross Macbeth presented information to justify the assessment for non profit organizations.
11. Tim Eures, Emergency Operations Director, spoke in favor of the assessment and presented goals to hire two paid firefighters after the first of the year.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Resolution, adopting a non-ad valorem assessment for the Lake Placid Special Benefit District, setting the assessment at $20.00 per residence, $3.00 per vacant lot or fraction thereof, $100.00 per commercial structure, and $15.00 per space within a rental mobile home park or campground, exempting any property that is leased to a governmental entity. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Flowers, seconded by Commissioner Stokes, to approve the contract with the Tax Collector and the Property Appraiser for administrative services. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 20. The meeting adjourned at 6:25 p.m. BOOK 2 PAGE 30
12. Consideration of DeSoto City Special Benefit Fire District The Chairman opened the public hearing at 6:30 p.m. 13. Public Hearing Statement read by Chairperson. 14. Carl Cool, County Administrator, presented the Proof of Publication into the record. See SMB 35 Page 104. He also placed into the public record a memorandum to the Board from Benjamin Eddings, County Employee, who was at the Ag Center September 14, 1999 from 5:00 P.M. to 7:00 P.M. to greet any citizens coming to the public hearings that were to be held that night. He met no one coming to this meeting and received no documentation. See SMB 35 Page 105.
15. Treasa Handley presented a summation of the responses sent out. 6,871 notices were mailed out, 113 returned, 23 telephone calls for the assessment, 43 was for information, five calls against the assessment. Six letters were received against and four with questions. Tim Eures stated that he wished to go on record for Clayton Womer, that he is in opposition to the assessment. He also clarified the consolidation of the Sebring Airport. Commissioner Stokes questioned the $150.00 commercial assessment. The Chair opened the floor to the public. Don Greenhalgh presented questions and advised that the assessment is excessive. He asked that the Board consider the impact of the assessment. Dave Eckberg spoke in opposition to the assessment, due to the increase. Don Brooks also spoke in opposition to the assessment. The Chairman read a letter into the record from William Musselman asking for a cap to be set at $1,000 for each individual owner of commercial buildings. See SMB 35 Page 106.
The Resolution was read into the record by the Chairman. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt Resolution, adopting a non-ad valorem assessment for the District, setting the assessment at $25.00 per dwelling unit, $5.00 per unimproved lot or fraction thereof, $150.00 per commercial structure, with a cap of $500.00. Upon roll call, all Commissioners voted nay. Motion did not carry. The Chairman passed the gavel to the Vice-Chairman and made a motion to cap the two mini- warehouses at $1,000 and the mobile Home and RV rentals to be separate with a $20.00 assessment. Upon roll call, all Commissioners voted aye. The motion carried.
The Chairman assumed the gavel, and a motion was made by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Resolution setting the assessment at $25.00 per dwelling unit, $5.00 per unimproved lot or fraction thereof, $150.00 per commercial structure, and $20.00 per space with in a rental mobile home park or campground, with a $1,000 cap on the two mini warehouses, described as parcel numbers C123529-A00-0015-0000 and C163529-011-0000-0011. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 13 Page 21.
Motion by Commissioner Flowers, seconded by Commissioner Stokes to approve the contract with the Tax Collector and Property Appraiser for administrative services. Upon roll call, all Commissioners voted aye. Motion carried.
16. Adjourned BOOK 2 PAGE 31
The meeting adjourned at 8:34 p.m. ______Chairperson Attest: ______Clerk ****************************************************************************** BOOK 18 PAGE 307
PUBLIC HEARING OF THE BOARD, OCTOBER 26, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
James L. Gose Mike Eastman David Flowers Thomas Portz C Guy Maxcy J Ross Macbeth Edgar E Stokes Louise Graham Bob Bullard
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Jim Brooks, Chair of the Zoning Board of Adjustment. The Pledge of Allegiance was led by former Commissioner, J.D. Barrett.
3. ANNOUNCEMENTS The Asst. County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
ACTION: Motion by Commissioner Bullard, seconded by Commissioner Maxcy, to set the Action Agenda with additions as follows: a. Under item 10, FHREDI - add two items for discussion. b. Add item 12. Discussion of the Moving Wall. c. Add item 13. Legislative Delegation funding issues d. Add item 14. Natural Gas Pipeline discussion. e. Add item 15. Citizens not on Agenda.
Upon roll call, all Commissioners voted aye. The motion carried.
4. Public hearings to consider small scale plan amendments and zoning Jim Polatty, Development Director, presented the petitions and proof of publications into the record for the proposed hearings. See Proof of Pub Ord. Book 2 Page 71.
HEARING # CPA - 99-119SS - CREED FAMILY LTD. PARTNERSHIP - C/O RICK WHIDDEN Chairman James Gose stated a conflict with this hearing, as one of the partners is a relative. A 9.9 acre tract located in Sec. 4, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from “General Agriculture” to “Commercial.” The Local Planning Agency recommended to the Board of County Commissioners approval including the mandatory findings in the staff report.
The Chair opened the floor to the public. Rick Whidden, representing the Creed Family, stated that he was BOOK 18 PAGE 308 available to answer any questions. Motion by Commissioner Bullard, seconded by Commissioner Flowers, in accordance with the Local Planning Agency move to approve and adopt by Ordinance CPA - 99-119SS, including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye, except Commissioner Gose who abstained, and entered into the record a memorandum of voting conflict. HEARING #1515 - CREED FAMILY LTD. PARTNERSHIP - C/O RICK WHIDDEN A 9.9 acre tract located in Sec. 4, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires to construct commercial self storage warehouses. The Planning and Zoning Commission recommended to the Board of County Commissioners approval of Hearing #1515 contingent upon approval of CPA - 99-119SS by DCA. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, in accordance with the Local Planning Agency move to approve and adopt by Resolution, approving the zoning change, contingent upon approval of CPA - 99-119SS by DCA, after entering into the record the mandatory findings. Upon roll call, all Commissioners voted aye, except Commissioner Gose, who abstained and entered into the record a memorandum of voting conflict to become a part of the minutes, as he is a relative of one of the partners. See SMB 35 Page 156. Motion carried. See Res. Book 13 Page 43.
HEARING # CPA - 99-120SS - SAXON GROVES, INC. - C/O JAMES BROOKS A 9.597 acre tract located in Sec. 33, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a small-scale plan amendment from “General Agriculture” to “Medium Density Residential.” The Local Planning Agency recommended to the Board of County Commissioners approval of CPA - 99-120SS including the mandatory findings in the staff report. HEARING #1516 - SAXON GROVES, INC. - C/O JAMES BROOKS A 9.597 acre tract located in Sec. 33, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to M-2 (FUD). Applicant desires to develop approximately 47 manufactured home lots. The Planning and Zoning Commission recommended to the Board of County Commissioners approval, contingent upon approval of CPA - 99-120SS by DCA and including the mandatory findings in the staff report. The Chair opened the floor to the public. Rick Whidden, representing the petitioner, spoke in favor. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission, move to approve and adopt by Ordinance, CPA - 99-120SS, and Resolution, Hearing #1516, including the mandatory findings in the staff report, contingent upon approval of CPA - 99-120SS by DCA. Upon roll call, all Commissioners voted aye, except Commissioner Gose, who abstained and entered into the record a memorandum of voting conflict to become a part of the minutes, as one of his employers is a partner of the company. Motion carried. See Res. Book 13 Page 44.
HEARING #CPA - 99-124SS - ROSS BACKUS PONTIAC BUICK CADILLAC GM, INC., ROSS BACKUS II, AND DENNIS R. PAYNE - C/O JOHN BORGEMEISTER Approximately 5.87 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a small scale plan amendment from “High Density Residential” to “Commercial.” The Local Planning Agency recommended to the Board of County Commissioners approval of CPA - 99-124SS including the mandatory findings in the staff report. HEARING #1517 - ROSS BACKUS PONTIAC BUICK CADILLAC GM, INC., ROSS BACKUS BOOK 18 PAGE 309
II, AND DENNIS R. PAYNE - C/O JOHN BORGEMEISTER Approximately 11.88 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from I-1 (Industrial district) and R-1 (Residential district) to B-3 (Business district). Applicant desires commercial development. The Planning and Zoning Commission recommended to the Board of County Commissioners approval contingent upon approval of CPA - 99-124SS by DCA, and including the mandatory findings in the staff report. No conditions were requested by the Planning and Zoning Board.
The Chair opened the floor to the public. John Borgemeister, representing the petitioner, spoke in favor. No one spoke against the zoning. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission move to approve and adopt by Ordinance, CPA - 99- 124 SS, and Resolution, Hearing #1517, including the mandatory findings in the staff report, contingent upon approval of CPA - 99-124SS by DCA. Commissioner Bullard questioned if these parcels should be heard separately. Mr. Macbeth reported, only if there is a concern that would affect one part of the parcels, and the Board felt a need to act separately for some part of the hearing. Otherwise, they maybe approved in the same hearing. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 45.
5. Public hearing to consider changes to Chapter 12, Zoning Code Jim Polatty, Development Services Director, presented proof of publication into the record. See Proof of Pub Ord. Book 2 Page 72. Mr. Polatty reviewed the ordinance, providing changes to Chapter 12 of the Code of ordinances, pertaining to zoning. The Planning and Zoning Commission recommended approving with one change in Section 1 (e), 3, (d) “Required off-street parking is one four parking spaces per 120 sq. feet. Commissioner Bullard stated concerns for the required off-street parking of four parking spaces per 120 sq. feet. He felt that the number of spaces is over restrictive, and 75 percent requiring concrete or paving, also creates problems. He would like to see it at two and take the paving portion out. Commissioner Stokes also agreed to two and with the deletion of other language. The consensus of the Board was to delete language in paragraph - d. shall be paved with asphalt or concrete, provided that where determined appropriate by the County Engineer no more than 25% of the required parking may be grass, shell, gravel or other suitable material in overflow and remote locations. The chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to hold the second public hearing at 9:00 a.m. on November 9, 1999. Upon roll call, all Commissioners voted aye. Motion carried.
6. Public hearing to consider CPA-99-122LS, School Site and Collocation Requirements Jim Polatty explained the policy amendments required to secure a determination of compliance for school site and collocation requirements. The Planning and Zoning Commission reviewed the policy amendments and recommended approval to the Board of County Commission. With the approval of the Board, the policy amendments will be transmitted to the DCA with the request not to process an ORC report. After DCA reaffirms their initial approval and determines the amended policies to be in compliance, the revisions will be returned for adoption by Ordinance.
Commissioner Bullard questioned why we would exempt high schools from agricultural districts. He suggested BOOK 18 PAGE 310 that we strike elementary and middle schools and add public schools to serve rural population. Duane Neiderman, County Planner, stated that they would prefer to have high schools closer to urban centers. Scott Martin, representing Jim McCollum’s office, stated that Mr. McCollum’s has reviewed the document and he is comfortable with the language. Commissioner Bullard also suggested that staff use consistent language throughout the document The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Bullard, seconded by Commissioner Stokes, to approve policy amendment and transmit to DCA with corrections as stated. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 158.
7. Public hearing to consider Stipulated Settlement Agreement, DOAH case no. 97-0707GM Jim Polatty reviewed agreement that establishes that the County will withdraw specific portions of adopted Plan Amendment 96-2 by Ordinance 96-29, on November 26, 1996, that were found to be not in compliance, as specified. This compromise is in lieu of recognizing 101 parcels to be added to the FLUM in addition to 2,773.17 acres to be designated as Conservation/Management Lands. Mr. Polatty requested the Board’s approval and endorsement, and then to return agreement for that agency’s endorsement and subsequent Notice of Intent, authorizing Highlands County to adopt the revision and to make the changes to the FLUM.
Motion by Commissioner Stokes, seconded by Commissioner Flowers, to approve the Remedial Plan Amendment pursuant to Stipulated Settlement Agreement DOAH Case No. 97-0707 GM. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 159.
Break 10:15 a.m. - 10:30 a.m.
8. Reconsideration of guarantee of CDBG grant Ross Macbeth reviewed the first amendment of the Project Agreement to amend paragraph 6 that deletes the mortgage language. Mr. Panoz did not agree to a financial statement. This is a security arrangement that is secured by the lease itself and default of this agreement constitutes a default on the lease and would cause a loss of the lease to SIR, the same as the mortgage and note that the county had before. The County also has a personal guarantee from Donald Panoz that he is going to personally assure that those payments are made and the performance will be completed. The Chair reviewed with Mr. David Heacock the Community Development Block Grant. The grant will provide infrastructure to the airport and will be administered through the county. Commissioner Maxcy presented questions, regarding issues of default with the grant. Commissioner Bullard reiterated that the personal guarantee and security agreement along with the grant should not produce any liability to the County. The Chair opened the floor to the public. Gabriel Read from Avon Park Lakes, recommended a surety bond.
Motion by Commissioner Bullard, seconded by Commissioner Flowers, to approve the first amendment to the project agreement and the ninth amendment to the Sebring Airport Authority’s Sebring International Raceway, Inc., as presented by Ross Macbeth. Upon roll call, all Commissioners voted aye. Motion carried.
9. Appointment to School Readiness Coalition The Chair explained the memo from Keven Roberts, Director of Human Services, regarding Florida Legislature BOOK 18 PAGE 311 passing the School Readiness Bill during the 1999 Legislative Session. The goal of the School Readiness Program is to ensure that at risk children, birth to five are prepared to enter the public school system ready to learn. The legislation provides for the formation of local School Readiness Coalitions. Mr. Roberts presented recommendation that the Board of County Commissioners waive Board Policy that requires two (2) names be submitted to the BOCC for each board or committee vacancy, and appoint Doris Gentry as their representative on the Highlands County School Readiness Coalition. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to accept the recommendations of the Human Services Director and appoint Doris Gentry as the representative. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 160.
10. FHREDI request regarding Lockett property Motion by Commissioner Flowers, seconded by Commissioner Bullard, to accept the proposal from FHREDI and move forward with a project specialist to work hand in hand into a transition period to eventually become the lead agency on the FHREDI Project. Commissioner Maxcy spoke in favor of the project but cautioned that he did not want to place a burden on staff. Tom Portz questioned if the grant responsibilities will shift immediately to the County and how the position will come to the County. He stated that he has staffing concerns. The Chair reported that FHREDI will complete the master plan and come into compliance with the contract. The funds set aside will still be funneled through FHREDI to pay for the Director of Marketing. The Director will be working with Vicki Pontius in Parks and Recreation, and Commissioner Stokes as the Chair of the Heritage Festival, in developing the overall master plan. The Renovation Grant will still be under FHREDI, but all further restoration grants will be funneled to the County. Betty Neale, Director of FHREDI, spoke in favor of County Commitment to the project. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 35 Page 161.
Glades County Federal Detention Center and V.A. Nursing Home The Chair reported that resolutions will be forthcoming in support of two projects for Glades County. He asked that Board members consider support for these projects by adoption of these Resolutions.
11. Resolution to declare a state of local emergency Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt Resolution, extending the state of local emergency. Commissioner Bullard encouraged the citizens of Highlands County to get involved in fund raising efforts to help the people affected by the flooding. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 46.
12. Discussion of the Moving Wall Commissioner Flowers gave a brief update on the effort to bring the Vietnam Moving Wall to Avon Park, in conjunction with a veteran reunion in November. Former Commissioner J.D. Barrett, representing the Nam Knights, presented a list of expenditures and asked that the Commission provide sponsorship funds. Commissioner Stokes recommended that in the future, the CVB should be the lead agency in donations of county funds. Commissioner Bullard agreed that the amount should be increased to the CVB in the future and determinations be made for the funding. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to allocate $3,100 for the direct cost of bringing the wall to Highlands County to honor all veterans. After discussion, Commissioner Bullard amended the motion to include items 3, 4, 5, 8, 10, with payment of the items, BOOK 18 PAGE 312 either directly to the vendor or reimbursement with documentation that meets the requirements of the Clerks’ office, and a budget amendment from contingency for funding this expenditure. Commissioner Flowers seconded the amendment. The Chair opened the floor to the public. Edward McNamara and Gabriel Read spoke in favor of support for all the veterans. Upon roll call, all Commissioners voted aye. The motion carried. See SMB 35 Page 162.
13. Legislative Delegation issues Tom Portz reported that the funding issues identified by staff as member projects will be submitted to our local representatives for sponsorship. A. Courthouse repairs $1,450,000.00 B. Hurricane Shelters $1, 789,650.00 Commissioner Flowers agreed to present these issues to the delegation. Commissioner Maxcy asked that the Commission present a certificate of appreciation to the delegates. Commission Bullard commended county staff for their continued work efforts. See SMB 35 Page 163 for copy of recommendations.
14. Gulfstream Natural Gas Pipeline The Chair reported that Board members should either go on record opposing the natural gas pipeline or set a workshop to talk about it. Commissioner Maxcy spoke in opposition to the pipeline and asked that the Board request that they move the line down to State Road 70 and on into Glades County. He feels that it is a business venture and we don’t know what negative impact will be on the county. Tom Portz asked the Board to delay any decision to allow time to bring an overview of the impact to the county. Commissioner Bullard did not support the line coming through Highlands County, but the line is proposed because of an energy shortage, and natural gas is perceived to be a cleaner way to generate electricity. He agreed there should be a workshop, when more facts are available.
The Chair opened the floor to the public. Chris Miller recommended that the Board act immediately to deter the pipeline. John Barben, representing Robert J. Barben, Inc., spoke in opposition. Ramon Gavarrete, County Engineer, advised that a meeting was held in Lake Wales, regarding some of the issues. The Chair asked that the pipeline issue be brought before the Legislative Delegation and request support for whatever decision the Board makes. Commissioner Stokes emphasized that he wants to know what clout the Board has and what they can do legally. Commissioner Bullard stated that when the Federal Energy Regulatory Board recognizes a deficiency in an area, they have the power to supersede other things. The consensus of the Board was to set the workshop for December 14, 1999, and to direct Ross Macbeth to perform adequate research to see what impacts the Board can have on the pipeline.
15. Citizens not on agenda The Chairman added this item to allow input from Marcellus Mason and Columbus White. Commissioner Gose placed a statement into the record and directed Columbus White and Marcellus Mason never to appear at his home again. Marcellus Mason spoke to the Commission regarding problems encountered with Fred Carino, Personnel Director, and Mary Myers, Library Director, when he initiated unemployment compensation benefits from Highlands County. BOOK 18 PAGE 313
16. ADJOURN The meeting adjourned at 12:45 p.m. ______Chairperson
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, NOVEMBER 23, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
James L. Gose Mike Eastman David Flowers Carl Cool C Guy Maxcy J Ross Macbeth Edgar E Stokes Louise Graham Bob Bullard
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by the Chair.
3. ANNOUNCEMENTS The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. Presentation of plaque to Children’s Advocacy Center Kevin Roberts, Director of Human Services, advised that Highlands County’s Advocacy Center has received national recognition by the National Children’s Alliance for the work that has been accomplished by staff, community partners and other foundations. The Board of Directors of National Children’s Alliance approved full membership for the Advocacy Center and the County has received national recognition. The Chairman presented a plaque to Cindy Mitchell, Director of the Children’s Advocacy Center and other essential community partners, on their willingness to implement high professional standards on behalf of abused children. The plaque will be displayed in the lobby of the Children’s Advocacy Center. See SMB 35 Page 12.
5. Character First recognitions Vicki Pointus, Operations Manager, recognized Lucinda Bowles, for displaying the character trait, Compassion. Cindy is the Public Works Specialist in the Operation Department, and has worked for the county since 1997. According to the program, the trait Compassion is defined as investing whatever is necessary to heal the hurts of others. In September, Cindy was activated to man a hurricane shelter in Avon Park. One of the people dropped off at the South Florida Community College gymnasium shelter was an elderly lady, who was using a walker. Cindy immediately recognized that this woman could not sleep on the gym floor. On her own, and in her own vehicle, Cindy drove this lady to several nursing homes until she found one that would house this lady for the evening. The night was stormy, and it was raining outside. The lady had on only a pair of knitted booties for shoes. Cindy unselfishly took the shoes and socks from her own feet and put them on this lady to wear. Cindy walked barefoot to the nursing home facilities. The Board recognized Cindy for her thoughtfulness. See SMB 35 Page 13 for copy of memo.
C) Rick Helms - Lisa Burley- Florida Government Communicators Association The Chairman recognized Rick Helms for his innovative ideas in presenting the budget to involve the public, BOOK 18 PAGE 330 and also recognized Lisa Burley, who presented his plan to the Florida Government Communicators Association. The County received the 1999 gold award for community relations based on the community built budget of Highlands County Board of County Commissioners. Rick Helms noted that the County Administrator deserves the credit as he is the person who presented the idea to get the community involved in the budget process.
ACTION: Motion by Commissioner Gose, seconded by Commissioner Stokes, to set the Action Agenda with the addition of a budget amendment under the Budget Officer as item 12 A. Upon roll call, all Commissioners voted aye. The motion carried.
6. Public hearings to consider small scale plan amendments and zoning changes Jim Polatty, Development Director, presented the petitions and proof of publications into the record for the proposed hearings. See Proof of Pub Ord. Book 2 Page 75.
HEARING #1518 - BEN HILL GRIFFIN, INC. - CONSISTENCY REZONE Approximately 49.48 acres located in Sec. 9, Twp 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to EU (Estate district). The County initiated this request to be consistent with the Future Land Use Map as required by Florida Statutes. HEARING #1519 - BEN HILL GRIFFIN, INC. - CONSISTENCY REZONE Approximately 1.73 acres located in Sec. 9, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-1 (Residential district). The County initiated this request to be consistent with the Future Land Use Map as required by Florida Statutes. HEARING #1520 - BEN HILL GRIFFIN, INC. - CONSISTENCY REZONE Approximately 48.3 acres located in Sec. 9, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to EU (Estate district). The County initiated this request to be consistent with the Future Land Use Map as required by Florida Statutes. HEARING #1521 - BEN HILL GRIFFIN, INC. - CONSISTENCY REZONE Approximately 6.74 acres located in Sec. 9, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district). The County initiated this request to be consistent with the Future Land Use Map as required by Florida Statutes. HEARING #1522 - DAVID C. HIGEL - CONSISTENCY REZONE Approximately 1.15 acres located in Sec. 21, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to B-3 (Business district). The County initiated this request to be consistent with the Future Land Use Map as required by Florida Statutes. HEARING #1523 - GEORGE JOHN CRAVERO - CONSISTENCY REZONE Approximately 4.65 acres located in Sec. 34, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-3 (Business district). The County initiated this BOOK 18 PAGE 331 request to be consistent with the Future Land Use Map as required by Florida Statutes. HEARING #1524 - HIGHVEST CORPORATION - CONSISTENCY REZONE Approximately 1.3 acres located in Sec. 34, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from I-1 (Industrial district) to B-3 (Business district). The County initiated this request to be consistent with the Future Land Use Map as required by Florida Statutes. HEARING #1525 - WANDA S. WILSON -COUNTY INITIATED REZONE Approximately .34 acres located in Sec. 27, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district) to B-3 (Business district). Statutes. The Planning and Zoning Commission recommended to the Board of County Commissioners approval of Hearing Numbers 1518, 1519, 1520, 1521, 1522, 1523, 1524 and 1525 including the mandatory findings in the staff reports. The Chair opened the floor to the public. Gabriel Read from Avon Park Lakes, presented questions regarding the B-3 zoning. He asked that restrictions be placed to prevent any potential damage to the environment. The Chair advised that there are environmental clearance procedures that must be followed in the permitting process.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission, to approve and adopt Hearing Numbers 1518, 1519, 1520, 1521, 1522, 1523, 1524, and 1525 by Resolution, including the mandatory findings contained in each staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 58.
HEARING #1526 - CATHERINE P. CORNELIUS - COUNTY INITIATED REZONE Approximate 5.9 acres located in Sec. 34, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to PU (Public Lands district). HEARING #1527 - CATHERINE P. CORNELIUS - CONSISTENCY REZONE Approximately 4.75 acres located in Sec. 34, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to PU (Public Lands district). The County initiated this request to be consistent with the Future Land Use Map as required by Florida Statutes.
The Planning and Zoning Commission recommended to the Board of County Commissioners approval of Hearing Numbers #1526 and #1527 with changes to the map, contingent upon approval of CPA - 99- 116LS by DCA. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission move to approve and adopt Hearing Numbers 1526 and 1527 by Resolutions, contingent upon approval of CPA - 99-116LS and including the mandatory findings contained in each staff report. Upon roll call, all Commissioners voted aye. See Res. Book 13 Page 59.
HEARING #1528 - SAXON GROVES, INC. - CONSISTENCY REZONE Approximately 20.11 acres located in Sec. 34, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-3 (Multiple Dwelling district). The County initiated this request to be consistent with the Future Land Use Map as required by Florida Statutes. Commissioner BOOK 18 PAGE 332
Gose stated a conflict of interest, as one of the owners of the property is a Board member for the Agency where he is employed. A memorandum of voting conflict was entered into the record to become a part of the minutes. See SMB 36 Page 14.
Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve and adopt by Resolution, Hearing number 1528, including the mandatory findings in the staff report. Commissioner Gose questioned why we did not leave the property in AU. Jim Polatty advised that staff is trying to establish the zoning by right. He will bring back a report next month for the Board to review. Upon roll call, all Commissioners voted aye, except Commissioner Gose, who abstained. The motion carried. See Res. Book 13 Page 60.
7. Public hearing to adopt amendments to the Comprehensive Plan Proof of Publication entered into the record by Jim Polatty. See Proof of Pub Ord. Book 2 Page 76. Mr. Polatty stated that we propose to adopt the second-round of changes to the regulations affecting the use of land, as recommended through the Evaluation and Appraisal Report (EAR) based amendments (CPA-99- 110LS) within the unincorporated areas, in addition to changes to the Future Land use Map (CPA-99- 104LS) including adding a new Public Water Supply land use category (CPA-99-114LS). He recommended adoption of Comprehensive Plan Amendments and the County’s response to the Florida DCA’s 99-2ER Objections, Recommendations and Comments (ORC) Report.
EAR Based Comprehensive Plan Text Amendments Jim Polatty read the captions of the ordinance into the record and briefly explained the ordinance. Motion by Commissioner Gose, seconded by Commissioner Bullard, to approve the second round of EAR based Comprehensive Plan Text Amendments (CPA - 99-110LS) and to adopt ordinance. Upon roll call, all Commissioners voted aye. Motion carried.
Comprehensive Plan Text and Future Land Use Map Amendments for Public Wellfields Jim Polatty read the captions of the ordinance into the record and explained suggested changes. Commissioner Bullard noted concerns in Policy 9.2 and Policy 9.6 of the ordinance. The Board discussed the concerns and the Chair asked for public input from the audience. Lisa Dunson, Executive Director of the Citrus Grower’s Association, spoke in favor of adding a section G. to Section 3-16, relating to applicability. Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt ordinance, Comprehensive Plan Text and Future Land use Map Amendments for Public Wellfields as circulated, with addition of item G, applicability under Section 3 and including the previous stricken portions of Policy 9.2, starting with the words which is based on, and include a-b-c-d below that, delete “d” under Section 2, and also delete the definitions of Potable Water Facility. Upon roll call, all Commissioners voted aye. The motion carried.
Comprehensive Plan Amendments for Sebring Park of Commerce or Crutchfield Groves ordinance The Development Services Director read the captions of the ordinance into the record and explained the amendments. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt ordinance. The Chair opened the floor to the public. Gabriel Read presented concerns regarding dedications or right of ways for frontage roads. Commissioner Gose reported that frontage roads will be addressed at the time of development. Carl Cool advised that road dedications are not required today. It will be addressed later in the process. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 35 Page 15. BOOK 18 PAGE 333
8. Public hearing to consider an ordinance related to Building Code Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 77. Ross Macbeth read the captions of the ordinance into the record and explained that the only change is to update the National Fire Protection Association National Electrical Code to the 1999 edition. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt ordinance amending part of section one of article six of chapter 5.5 of the Code. S.Y. Moseley, Building Official, advised that the state has recently implemented the code for its use in Florida, and suggested that the County follow through. Ross Macbeth reported that he chose a delayed effective date to start the process with a January 1, 2000 date. Upon roll call, all Commissioners voted aye. Motion carried.
9. Public hearing to consider an ordinance related to speed limits Proof of Publication entered into the record by the County Administrator. See Proof of Pub Ord. Book 2 Page 78. Carl Cool read the captions of the ordinance into the record and explained that this ordinance was adopted years ago and is not in compliance with the way speed limits are adopted on county roads today. This ordinance repeals the old ordinance. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt ordinance repealing Section 11-1 of the Code and Ordinance #6 pertaining to establishment of speed limits. Upon roll call, all Commissioners voted aye. Motion carried.
10. Public hearing to consider an ordinance related to no-wake zones Proof of Publication entered into the record by the County Administrator. See Proof of Pub Ord. Book 2 Page 79. Carl Cool read the captions of the ordinance into the record and explained that this ordinance is amending Subsection (f) of Section 11-2 of the Code, regarding no wake zones. This ordinance will set a no wake zone in canal areas and along the shoreline of some lakes, and help with enforcement problems. Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt ordinance pertaining to no wake zones. Ross Macbeth advised that the restricted areas must be designated and properly marked by the County Engineer or there will not be a violation. He also changed the verbiage to clarify the designation. Commissioner Bullard and Commissioner Gose accepted the correction to the ordinance. The Chair opened the floor to the public. Abby Lathorp of Leisure Lakes Homeowners Association, spoke in favor of the ordinance. Les Fitch went on record to speak regarding the unsafe condition and in favor of the motion. Ray Napper and Jim Cash, also spoke in favor of the motion. Upon roll call, all Commissioners voted aye. Motion carried.
Break 10:55 - 11:10 a.m.
11. Adoption of resolution to declare state of local emergency Motion by Commissioner Gose, seconded by Commissioner Bullard, to adopt Resolution extending the state of local emergency. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 61.
12. Budget Officer: Request approval of agreement with Fletcher & Fletcher, Inc., for software Rick Helms, Budget Officer, presented an agreement for the upgrade of the current budget software, to bring it up to the Windows Environment and allow it to run in our network system. The agreement provides for the delivery of the Windows software product “Budget Information System,” services, training and technical support. Rick also noted a correction to the amount to read $2,250. Motion by Commissioner Gose, BOOK 18 PAGE 334 seconded by Commissioner Stokes, to approve the agreement with the offered option to pay over two fiscal years. The Chair opened the floor to the public. Ray Napper presented questions regarding the Windows program. Upon roll call, all Commissioners voted aye. Motion carried.
B. Budget Amendment-99-0048 and Resolution for Tomoka Heights well Motion by Commissioner Gose, seconded by Commissioner Maxcy, to void previous budget amendment and adopt budget amendment 99-00-48 and resolution to fund the project for the construction of a 10" well at Tomoka Heights to provide for an interest-bearing loan with an arms length transaction. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 62.
13. Request approval of RFQ for refuse collection contracts Carl Cool explained the process that staff will be following in the procurement of new refuse collection contracts. He also noted a change in the RFQ on Page 2. The anticipated term of the contract will be five years with an option to extend for an additional five years. On Page 1, correct to five years. Jerry Leszkiewicz, Solid Waste Manager, explained that the procurement of new franchised refuse collection contracts in Highlands County will be accomplished with a two-step process consisting of a request for qualifications (RFQ), followed by an Invitation to Bid, to select a number of qualified companies. Jerry presented an RFQ document that was prepared by County staff. The Chair opened the floor to the public. Ray Napper presented questions and advised that the document is too restrictive. Commissioner Gose noted minor corrections to the document. Commissioner Maxcy stated concerns that requiring two years of governmental experience may not allow the little man the opportunity to bid on the contract. He also asked that staff address the rate structure. Commissioner Flowers stated that the company needs appropriate experience to qualify. Commissioner Bullard agreed that the company should have at least two years of governmental experience, not necessarily the last two years. Commissioner Stokes spoke in favor of the required experience. Motion by Commissioner Gose, seconded by Commissioner Bullard, to approve the RFQ document for use in procurement of new refuse collection contracts, with the minor changes as noted and to authorize staff to proceed with public announcement on November 28, 1999. The Chair opened the floor to the public. Ray Napper spoke in opposition. Jim Cash encouraged the Board to look at rates. Loren Eby spoke in favor of the small franchisers. Upon roll call, all Commissioners voted aye. Motion carried. See Landfill file for copy.
14. ADJOURN The meeting adjourned at 11:55 a.m. ______Chairperson Attest: ______Clerk ****************************************************************************** BOOK 18 PAGE 352
PUBLIC HEARING OF THE BOARD, DECEMBER 28, 1999
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Mike Eastman C Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham James L Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Chair David Flowers, with a special tribute to Jim Crawford, in his passing. The Pledge of Allegiance was led by the Chair.
3. ANNOUNCEMENTS The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Mr. Cool reported that CNB Services are completing the closing work at the Sebring Landfill. The services are being paid for by Mr. Rigby, owner of the Landfill. The Chair requested the attendance of Board members at the unveiling of Dal Hall Boulevard services at 9:00 a.m. on December 31, 1999.
4. Public Hearing to consider zoning changes, consistency zoning changes and a small scale plan amendment
HEARING # 1483 - LAKE PLACID MOOSE LODGE - C/O ROBERT REBMANN An approximate 2.24 acre tract located in Sec. 21 Twp. 37S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-4 (Business district). Applicant desires a mini outdoor flea market. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners denial of Hearing #1483 as presented. Proof of Publications and Petitions entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ord Book 2 Page 81. Mr. Polatty advised that 118 letters were mailed out, and a petition was received back with 441 signatures in favor, and 172 against. The Chair entered letters into the record from Robert Rebmann and Carroll Payne in favor of the zoning change. See SMB 36 Page 43.
The Commission discussed the uses allowed in a B-4 zoning district. Gary Lower, Zoning Supervisor, explained the site plan, and stated concerns for the limited space allowed for parking. Commissioner Bullard spoke regarding a restrictive covenant, allowing only a flea market to operate in that district. The Chair opened the floor for public input. Robert Rebmann, applicant and member of the Moose Lodge, stated that the organization only wanted a flea market with 25-50 vendors to operate from 8:00 a.m. to 1:00 p.m. Saturday and Sunday. The lodge is off of U.S. 27 near Lake Grassy, south of Lake Placid. Loren Eby spoke in favor of the zoning BOOK 18 PAGE 353 request and against any more government regulations. Scott Mcphee, speaking for the Moose Club, stated that his organization would not propose anything that is detrimental to the community. Ken Wright, representing the Dee Ann Estates, addressed the site plan and stated that it did not provide correct buffers on the eastern and northern sides of the property. Mr. Wright spoke in opposition to the flea market.
The Board discussed the zoning issue. Gary Lower, Zoning Supervisor, advised that if the Board approves the zoning to B-4, then the applicant must go before the Board of Adjustment for a special exception for the flea market use. Ross Macbeth explained that the Board’s approval will allow all of the permitted uses of B-4 on this property. Some permitted uses such as flea markets require a special exception, and that is the reason the Board of Adjustments tabled this hearing. If the Board of County Commissioners does not approve this zoning, then it will never be heard by that Board.
Motion by Commissioner Gose, seconded by Commissioner Bullard, to grant the zoning request and adopt Resolution to approve Hearing #1483, contingent upon receipt of an easement form or restrictive covenant for flea markets only. The Chair opened the floor to the public. Loren Eby spoke in favor of the motion. Ken Wright and Richard Conover spoke in opposition to the motion. Upon roll call, all Commissioners voted aye, except Commissioner Flowers, who voted nay. Motion carried. See Res. Book 13 Page 67. Commissioner Bullard asked everyone to remember that this is not an approval for a flea market. This is approval for a restricted rezoning from B-2 to B-4 with only one additional thing being allowed, and that is a flea market, and only if it receives a special exception from the Board of Adjustments. Refer to tape for further detail.
Break 10:40 a.m. - 10:45 a.m.
Request to waive Application fee - Hearing #1483 Motion by Commissioner Gose, seconded by Commissioner Bullard, to waive the application fees before the Board of Adjustment for the special exception for Hearing #1483, for one time only. Upon roll call, all Commissioners voted aye. The motion carried.
HEARING #1537 - M. R. J. ENTERPRISES, INC. (PHIL RUTHERFORD) Orange Blossom Estates, Lots 6 thru 13, inclusive, Block 11, Unit 11 as recorded in P.B. 7, Pg. 48, of the Public Records of Highlands County, Florida. Requesting a zoning change from R-2 (Two Family Dwelling district) to M-1 (Mobile Home Subdivision district). The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval as presented. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Bullard, seconded by Commissioner Gose, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 68.
HEARING #1538 - JAMES E. SUMMERS AND BERTIE IRENE SUMMERS C/O CLIFFORD R. RHOADES, P.A. Lot 41, Twin Lakes Estates as recorded in P.B. 5, Pg. 31, Public Records of Highlands County, BOOK 18 PAGE 354
Florida, Sec. 23, Twp. 36S. Rge. 29. Requesting a zoning change from R-1 (Residential district) to R-2 FUD (Two Family Dwelling district with a Flexible Unit Development). The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval of Hearing #1538 as presented. One letter was received against the zoning. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 69.
HEARING # CPA - 99-125SS - RODOLFO AND RITA SALAZAR Approximately .43 acres located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from “Commercial” to “Commercial” and “Medium Density Residential” to “Medium Density Residential.” Deleting the condition of a dedication of an easement. The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of CPA-99- 125SS. The Local Planning Agency made a motion to recommend to the Board of County Commissioners to refund the applicant the application and advertisement fees. Kim Sapp, representing Swaine and Harris, asked that the condition of the 60 feet dedication be deleted and the application fee be refunded to the Salazars.
Commissioner Maxcy asked if the Board was deleting the requirment for road easements. Commissioner Bullard advised that the Board had decided to address this requirement at the development review process when the site plan shows the need for the frontage road. Mr. Cool reported that the County Engineer has a draft plan from 98 South, where frontage roads may need to be addressed.
Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the Local Planning Agency, to approve and adopt by Ordinance including the mandatory findings in the staff report and refund the applicant the application and advertisement fees. Commissioner Maxcy noted for the record that he has no great concern for a frontage road at this time, because Twitty Road is accessible. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING # 1535 - LILLIAN M. PHELPS - CONSISTENCY REZONE Approximately 4.43 acres located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to EU (Estate district). Mr. Larry Sharpe stated that he would like to keep the existing zoning district and to withdraw the request. The Commission agreed with his decision. HEARING #1529 - JOHN P. BARBEN - CONSISTENCY REZONE Approximately 10.46 acres located in Sec. 34, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-4 (Business district). HEARING #1530 - VICTORY GROVES ET AL - W. R. WARD, JR. - CONSISTENCY REZONE Approximately 8.86 acres located in Sec. 27, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-1 (Residential district). BOOK 18 PAGE 355
HEARING #1531 - GOMA B. STALLARD - CONSISTENCY REZONE Approximately 5.84 acres located in Sec. 27, Twp 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-1 (Residential district). HEARING #1532 - SOUTHEASTERN CONFERENCE ASSOC. OF SEVENTH DAY ADVENTIST - W. L. TAYLOR - CONSISTENCY REZONE Approximately 9.07 acres located in Sec. 27, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-1 (Residential district). HEARING #1533 - BEN HILL GRIFFIN - CONSISTENCY REZONE Approximately 13.74 acres located in Sec. 23, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to EU (Estate district). HEARING #1534 - PATRICIA E. SCHULER - CONSISTENCY REZONE Lots 1, 2 and 3, Block 1, Misty Lake Estates as recorded in P.B. 13, Pg. 60, of the Public Records of Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district) to R-2 (Two Family Dwelling district). HEARING #1536 - JAHNA CONCRETE INC. - CONSISTENCY REZONE Approximately .69 acres located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to EU (Estate district). These requests are to be consistent with the Future Land Use Map as required by Florida Statutes. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval of Hearing Numbers 1529, 1530, 1531, 1532, 1533, 1534, and 1536 as presented. The Chair opened the floor to the public. No one spoke for or against. The Development Director read into the record the staff reports.
Motion by Commissioner Gose, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission, to approve and adopt Hearing Numbers 1529, 1530, 1531, 1532, 1533, 1534, and 1536 by Resolution including the mandatory findings contained in each staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 70.
5. Public hearing to consider Stipulated Settlement Agreement 96-2 Proof of Publication and request presented into the record by Jim Polatty. See Proof of Pub Ord. Book 2 Page 81. Captions of the ordinance read into the record. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt the ordinance amending the Settlement Agreement DOAH Case No. 97- 0707GM, with the revisions deleting the parcels listed as No. 815 for 3.52 acres and No. 819 for 4.13 acres, and adding 13.3 acres to the parcel listed as No. 820 for a conservation easement. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan file for copy.
6. Public hearing to consider adoption of School Site and Collocation requirements Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 82. Mr. Polatty explained the request for the approval of Plan Amendment CPA-99-122LS, providing for school siting and collocation requirements. BOOK 18 PAGE 356
Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt ordinance adopting School Site and Collocation requirements as requested. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 36 Page 44 for copy of memo.
7. Public hearing to consider re-adoption of large and small scale amendments Jim Polatty, Development Services Director, advised that Large Scale Plan Amendments CPA-99-104LS; 110LS; 114LS; and Small Scale Plan Amendments CPA-99-119SS; 120 SS; and 124 SS were deemed invalid by the Florida Department of Community Affairs because the County did not adopt a school collocation amendment by October 1, 1999. DCA has approved readopting the amendments simultaneously with the school collocation amendment. Mr. Polatty read the captions of the ordinances into the record.
Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt the above amendments as recommended. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 36 Page 45.
8. Public hearing to consider vacation of easement - Placid Lakes Proof of Publication and request entered into the record by the County Engineer, Ramon Gavarette. See SMB 36 Page 46. Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt Resolution vacating the northerly two feet of the 10 foot utility and drainage easement lying on the southerly property line of Lot 61, Block 1, Placid Lakes Section 19. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 71.
9. Public hearing to consider 2000 Housing Bond issue Proof of Publication entered into the record. See SMB 36 Page 47. David Heacock, Housing Coordinator, advised that inadequate advertisement for the 2000 Housing Bond Issue necessitated a second public hearing to correct the problem. The Bond issue provides funding for families that are slightly over the SHIP income limits for Moderate Income families. This will provide additional assistance for the purchase of single family homes in Highlands County.
Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt Resolution, authorizing issuance of Single Family Mortgage Revenue Bonds and approve an Interlocal Agreement between the Housing Finance Authority of Lee County and Highlands County. The Chair opened the floor to public input. No one spoke for or against the Housing Bond issue. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 72.
10. Adoption of resolution to declare local state of emergency Motion by Commissioner Gose, seconded by Commissioner Bullard, to adopt Resolution extending the state of local emergency. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 73.
11. Board Attorney: Chatterpaul property Ross Macbeth presented a Resolution into the record, determining the necessity to take easements on property BOOK 18 PAGE 357 for drainage for Lake Lotela and Lake Letta. During the El Nino storms of 1998, the county crew dug a drainage ditch through land owned by Bhoj and Haimwantie Chatterpaul, to alleviate flooding in and around lakes Letta and Lotela. Flooding occurred in that area, because someone filled in a creek that went through the property and adjacent land owned by the Highlands County Shrine Club. The Water Management District was contacted, but they did not take action. County employees met with the Chatterpauls regarding the ditch before it was dug, but that is now being disputed. The Shrine Club filled in the portion of the creek on the property before the water management district had jurisdiction there. Ross Macbeth requested action in response to a letter from attorney Jim McCollum, representing the Chatterpauls, asking that the County fill in the ditch. He stated that the decision is whether to keep this drainage ditch in place, take the property that is required for the drainage ditch, described as the forty-foot easement, and the adjacent 30 feet as an access easement. We would also create a cross over so there would be access from the front of the property to the back. Commissioner Gose asked how much condemnation would cost. Ross Macbeth advised that no appraisals have been done, but there is not a great amount of use of the property. Commissioner Flowers supported keeping the ditch in place since this is the natural flow of water in the area. He stated concerns for flooding with heavy rains. The Chair opened the floor to the public. No one spoke for or against the request.
Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt Resolution to initiate the process to begin eminent domain proceedings. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 74.
12. Asst. County Admin.: FEMA project 1195-0071, Thunderbird Hill and Vantage Point The County Engineer reported that DCA has informed Mr. Cool that the Federal Emergency Management Agency has approved the obligation of Hazard Mitigation Grant Program funds for the Thunderbird Hill and Vantage Point Drainage Project. Bids have been received for the project and the contract will come before the Board in January. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to execute the contract and direct staff to send to the Department of Community Affairs. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
13. ADJOURN The meeting adjourned at 11:50 a.m. ______Chairperson
Attest: ______Clerk
********************************************************************************* BOOK 18 PAGE 371
PUBLIC HEARING OF THE BOARD, JANUARY 25, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Mike Eastman C Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham James L Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by the Chair.
3. ANNOUNCEMENTS The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Commissioner Bullard reported a meeting at the Ramada Inn in Lake Placid for those affected by the floods in Venus. The State and County Emergency, SBA, and FEMA Personnel, will be present to give final solutions to the flooding problems.
4. Public hearings to consider proposed zoning changes, large-scale plan amendments and a small-scale plan amendment HEARING # CPA - 99-127LS - ESTATE OF C. D. CLINE AND DAYTON - GRAINGER CORP. C/O WOLF CREEK PARTNERS, JIM WELLS Approximately 638 acres located in Sec. 20, Twp. 35S, Rge. 29E, Highlands County Florida. Requesting a large scale plan amendment from “General Agriculture” to “Low Density Residential.” Applicant desires to construct a golf course and residential subdivision. The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval, but the motion was denied. The applicant is requesting that the Commissioners not take action and the hearing go back before the Planning & Zoning. Jim Polatty, Development Services Director presented the proof of publication, and petitions for the following proposed zoning changes, large-scale plan amendments, and small-scale plan amendment. See Proof of Pub Ord. Book 2 Page 82.
Mr. Polatty reviewed a memo asking that the Commission allow staff to extend the Spring 2000 Comprehensive Plan Hearings into February. He cited two reasons for the request. First, Planning Staff must take the proposed 3rd Round of EAR-Based text amendments (CPA 99-131 LS) back to LPA/P&Z in February. Second, the applicants for the large-scale Amendment CPA-99-127LS (Wolf Creek Partners) have requested to withdraw their application and allow it to be heard in February before the Board of County Commissioners. A motion was made by Commissioner Gose, seconded by Commissioner Stokes, to extend the transmittal public hearing of Winter 2000 Large-Scale Comprehensive Plan Text and FLUM (Osprey Lakes) amendments. The Chair opened the floor to the public. The following residents spoke in opposition to the motion, citing traffic congestion, environmental issues, runoff, urban sprawl, further deterioration of lakes, BOOK 18 PAGE 372
Ruth, Charlotte, and Josephine. John Williams, Attorney Mike Swaine, Von Whitesides, Jim Ketchum, Tim Blackman, Doug Barnes, Marguerite Skipper, James Mongiello, Gail Hall, M.R. Rhoades, and Bob Hartford. Mr. Hartford also entered into the record, letters in opposition. See SMB 36 Page 75. Attorney Wendell Whitehouse spoke in favor of the postponement and stated that the county should not require traffic or environmental studies at this point of development. Richard Wohlfarthe, consultant, representing the developer, spoke in favor of the project, and advised that no preliminary site plan was submitted, as the developer did not think it was required at this stage of the development process. After discussion, Commissioner Gose withdrew his motion and Commissioner Stokes withdrew his second. Motion by Commissioner Gose, seconded by Commissioner Stokes, to extend the text amendments only, until the February meeting. Attorney Whitehouse stated concerns that the applicant did not receive recommendations from the Planning & Zoning Department. Upon roll call, all Commissioners voted aye. Motion carried. The Commission discussed whether the county commission had received a formal recommendation from Planning and Zoning. Ross Macbeth stated that a motion for denial did not get a second. Then a motion to recommend approval failed, 4-2, with one abstention. He said that was deemed to be a recommendation for denial. He also pointed out that this was merely a land use change, not a zoning change application. The rules for land use changes should be interpreted from Florida Statutes. He feels that the recommendations from P&Z could be deemed a denial and the Board may hear the Plan Amendment. Commissioner Bullard objected to hearing this amendment today.
Commissioner Bullard made a motion, seconded by Commissioner Stokes, to extend the time for submittal of the future land use map changes, and allow this applicant the opportunity to go back before P&Z and submit all information, and obtain a full recommendation to the Board. Commissioner Stokes stated real concerns for the drainage into the lakes. Commissioner Maxcy spoke in favor of hearing the amendment today. The Chair opened the floor to the public. John Williams, M.R. Rhoades, Tim Blackman, and Jim Ketchum spoke in opposition. Dr. Spindler spoke in favor of the motion and stated concerns of the impact to the lakes. Richard Wolfdhardt, and Attorney Whitehouse spoke in favor of the motion. Upon roll call, Commissioners Bullard, Stokes and Flowers voted aye. Commissioner Maxcy and Gose voted nay. Motion carried. See SMB 36 Page 76.
Break 10:35 - 10:45 a.m.
HEARING # CPA - 99-128SS - RAYMOND E. NEWBY AND ARDITH ANN BUSKIRK AND FRANCES A. BOS - C/O J. TIMOTHY SHEEHAN Lots 7, 8, and 9, Block J, Map of Suburban Tracts and Farms of DeSoto, Florida, as recorded in Transcript Book Page 12 of the Public Records of Highlands County, Florida. Requesting a small scale plan amendment from “Commercial” to “Medium Density Residential.” HEARING # 1540 - RAYMOND E. NEWBY AND ARDITH ANN BUSKIRK AND FRANCES A. BOS - C/O J. TIMOTHY SHEEHAN Lots 7, 8, and 9, Block J, Map of Suburban Tracts and Farms of DeSoto, Florida, as recorded in Transcript Book Page 12 of the Public Records of Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to R-1 (Residential district). Applicants desire to construct single family dwellings. BOOK 18 PAGE 373
Tim Sheehan, representing the petitioner, explained the request and spoke in favor of the hearing and the small-scale amendment. The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval including the mandatory findings in the staff report. No letters were received for or against. Motion by Commissioner Stokes, seconded by Commissioner Gose, in accordance with the Local Planning Agency, to approve small scale amendment and zoning change and adopt by Resolution, contingent upon approval of CPA - 99-128SS from DCA including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 78.
HEARING #1541 - AIRPORT DEVELOPMENT, INC. C/O RICK WHIDDEN South ½ of Lots 1, 4, and 5, and all of Lots 2, 3, 6, 7, and 8, Block 77, Placid Lakes Section 19, as recorded in PB. 9, Pg. 14, of the Public Records of Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district) to R-3 FUD (Multiple Dwelling district with a Flexible Unit Development). Applicant desires to construct triplex townhouses. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval including the mandatory findings in the staff report and correct the street names on the applicant’s site plan. Commissioner Gose declared a conflict, as his nephew is involved in this project and they have other business relations. A Memorandum of voting conflict was entered into the record to become a part of the minutes. See SMB 36 Page 77.
Rick Whidden, representing the petitioner, stated that the main purpose was to sell off units with zero lot lines. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye, except Commissioner Gose, who abstained. Motion carried. See Res. Book 13 Page 79.
HEARING # 1542 - HIGHLANDS RIDGE ASSOCIATES, INC. C/O CHASTAIN SKILLMAN Approximately 7.08 acres located in Sec. 9, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from M-2 (Mobile Home Parks district) to R-1 FUD (Residential district with a Flexible Unit Development). Applicant desires to construct conventional site built homes. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval, including the mandatory findings in the staff report, excluding the Environmental Clearance Finding. Commissioner Maxcy declared a conflict, as Highlands Ridge is a client of his corporation. A memorandum of voting conflict was entered into the record to become a part of the minutes. See SMB 36 Page 80. Ron Cauthen, Engineer for Highlands Ridge, stated that the request was to continue with approximately seven acres for 31 golf course lots, with an additional site plan and infrastructure in place. John Williams stated that there were not enough information available to the public on matters of this nature. Motion by Commissioner Gose, seconded by Commissioner Bullard, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution including the mandatory findings in the staff report, with the change that Environmental Clearance is not needed. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained. Motion carried. See Res. Book 13 Page 80.
HEARING # CPA - 99 - 129LS - SEBRING GROUP LTD. C/O JEFFREY R. KENNEDY BOOK 18 PAGE 374
Approximately 616 acres located in Secs. 16, 20, and 21, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from “General Agriculture” to “Low Density Residential.” Applicant desires golf course, single and multi-family residential and commercial land for neighborhood use. The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval including the mandatory findings in the original staff report. Jim Polatty stated seven conditions that staff is requiring that will cover any unknown problems. The Chair opened the floor to the public. The following residents spoke regarding the large scale amendment. Hank Kowalski, Doug Barnes, John Williams, Von Whitesides, President of the Audubon Society, Gail Hall, Carol Nolan, of Buttonwood Bay, Bob Martin, Buttonwood Bay, spoke in opposition. Gabriel Read and Doug Barnes, Jr. stated concerns for traffic. Jeff Kennedy, representing, the petitioner explained the site plan.
Motion by Commissioner Bullard, seconded by Commissioner Gose, in accordance with the Local Planning Agency to approve the large-scale plan amendment with all conditions, and transmit to the Florida Department of Community Affairs, after entering into the record the mandatory findings in the staff report. Ross Macbeth recommended that the Board not send to DCA, if they have issues that are not resolved. He suggested that we talk about the DRI. Ramon Gavarette, County Engineer, reported that he has not approved a traffic study. Commissioner Gose questioned why zoning has not been applied for. The Chair opened the floor to the public. Hank Kowalski objected to the motion. Bob Moringer, Von Whitesides, Gail Hall, Doug Barnes spoke in opposition to the motion. Arthur Abraham, owner of the property, addressed the concerns and spoke in favor of the motion. Wendell Whitehouse spoke for the petitioner. Jeff Kennedy spoke in favor of the motion. Upon roll call, Commissioners Gose, Bullard and Maxcy voted aye. Commissioners Stokes and Flowers voted nay. Motion carried. See Res. Book 13 Page
Lunch Break 12:35 - 1:45 p.m.
HEARING # CPA - 99-116LS - COUNTY INITIATED FUTURE LAND USE AMENDMENTS: The Development Services Director read the Amendments into the record as listed: SITE 1 - RIVER GREENS SOUTH GOLF COURSE INC. - An approximate .93 acres located in Sec. 04, Twp 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “High Density Residential” to “General Agriculture.” The property is being used for the golf course and road. SITE 2 - IRIS & NORMAN COOK - Approximately 9.43 acres located in Sec. 10, Twp. 35S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “Medium Density Residential” to “General Agriculture.” SITE 3 - W. M. & LOUISE L. GREEN CO-TRS. - Approximately 1.16 and .055 acres located in Sec. 10, Twp 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “Medium Density Residential” to “General Agriculture.” SITE 4 - WANDA S. WILSON - Approximately .34 acres located in Sec. 27, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “General Agriculture” to “Commercial.” SITE 5 - DISTRICT BOARD OF TRUSTEES SOUTH FLORIDA COMMUNITY COLLEGE C/O DR. CATHERINE P. CORNELIUS - Approximate 5.9 acres located in Sec. 34, Twp. 33S, Rge. 28E, BOOK 18 PAGE 375
Highlands County, Florida. Changing the FLUM from “High Density Residential” to “Public/quasi-public.” SITE 6 -THOMAS E. BLOOM - Approximately 4.73 acres located in Sec. 9, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “Medium Density Residential” to “General Agriculture.” SITE 7 - HUBER I. & DOROTHY S. KIKER - Approximately 1.92 acres located in Sec. 9, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “Medium Density Residential” to “General Agriculture.” SITE 8 - HAUPTMANN - THOMPSON COMPANY, INC. - Approximately 41 acres located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “Low Density Residential” to “General Agriculture.” SITE 9 - MARY ANN PRESSLEY & PRESSLEY-DAVIS INC. - Approximately 12 acres located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “Low Density Residential” to “General Agriculture.” SITE 10 - REFLECTIONS ON SILVER LAKE - SAXON GROVES, INC. C/O JIM BROOKS - Approximately 4.55 acres located in Sec. 33, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “High Density Residential” to “Commercial.” SITE 11 - REFLECTIONS ON SILVER LAKE - SAXON GROVES, INC. C/O JIM BROOKS -Approximately 4.1322 acres located in Sec. 33, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “High Density Residential” to “Industrial.” SITE 12 - DUANE & WANDA S. KOPTA - Approximately 18.56 acres located in Sec. 23, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from “Low Density Residential” to “General Agriculture.” The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of CPA - 99-116LS including the Mandatory Findings in the staff report, excluding Sites 10 and 11. The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of Sites 10 and 11 of CPA - 99-116LS including the mandatory findings in the staff report. Staff received two telephone calls and ten written statements in favor of the zoning. Motion by Commissioner Gose, seconded by Commissioner Bullard, in accordance with the Local Planning Agency move to approve the large-scale plan amendment and transmit to the Florida Department of Community Affairs, after entering into the record the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried.
5. Public hearing on preliminary assessment of Nuisance Abatement case #9902-0010 Eddie Conklin, Code Enforcement Officer, presented the petition and proof of publication into the record. See SMB 36 Page 81. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the Preliminary Assessment for Nuisance Abatement to place a lien on property of Booker T. Johnson, Highway Park Subdivision, Lot 1 Block 7 and ½ of adjoining road closed per ordinance 528- Page 12, in the amount of $4,300. Commissioner Bullard suggested that staff follow through with increasing the administrative fee on nuisance abatement cases. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 36 Page 82.
8. Code Enforcement Officer: Request to declare nuisance, cases #9908-0039 and -0014 BOOK 18 PAGE 376
Petition entered into the record by the Code Enforcement Officer, Eddie Conklin. Motion by Commissioner Gose, seconded by Commissioner Bullard, to declare nuisance in case # 9908-0039 for Charles E. Chestnut for Lot 21, Block 98, Hillcrest Heights Subdivision. Upon roll call, all Commissioners voted aye.
Motion by Commissioner Maxcy, seconded by Commissioner Gose, to declare nuisance in case # 9908-0014 for Ralph and Mary Daugherty of Lot 3, Block A, Lake Josephine Heights Replat. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 36 Page 83.
6. Public hearing to consider vacation of easement, Prairie Oak Village Proof of Publication and Petition entered into the record by the County Engineer, Ramon Gavarrete. See SMB 36 Page 84. Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt Resolution vacating a portion of the 10 foot utility and drainage easement that borders Lot 15 of Prairie Oak Village, as recorded in Plat Book 15, Page 88. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 84.
7. Public hearing on CDBG contract and budget amendment Proof of Publication and Petition entered into the record by Jim Polatty. See SMB 36 Page 84. Fred Fox presented a request for an amendment to the CDBG #00DB-6B-07-38-01 E04 grant contract, that allows a budget amendment to increase the budget for Water Facilities by $22,80.00 for a new budget of $75,000.00, reduce the budget for the Sewer Improvement by $29,800.00 for a new budget of $30,000.00, and increase the budget for Flood and Drainage by $7,000.00 for a new budget of $585,000.00.
Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the budget amendment proposed by Fred Fox Enterprises, Inc. to the CDBG Economic Development grant and forward to the Department of Community Affairs for final approval. Upon roll call, all Commissioners voted aye. Motion carried.
9. Asst. County Administrator: Discussion of solid waste RFQ Tom Portz, Asst. County Administrator, briefed the Commissioners on the Professional Services Acquisition Committee review in which eight submittals were received in response to RFQ #00-011. The committee recommends the following to the Board of County Commissioners for discussion purposes: A. Reliable Sanitation, Inc. - Qualified/ Responsive B. Florida Recycling Services, Inc. - Qualified/ Responsive C. Delta Recycling, Inc. - Not qualified/Not responsive D. DisposALL of Highlands - Not qualified/Not responsive E. Liberty Waste, Inc. - Qualified/ Responsive F. Waste Management, Inc. - Qualified/Responsive G. Superior Waste Services, Inc. - Not qualified/Not responsive H. Eagle Sanitation - Not qualified/Not responsive A committee consensus was that four of the companies were qualified to bid. The Chair opened the floor to the public. Chester May, President of Eagle Sanitation, asked why his company was not responsive. Mr. Portz advised that it was determined that Eagle Sanitation was basically involved with sludge hauling, did not have two years of experience in the state of Florida or a response to the summary of criminal convictions and BOOK 18 PAGE 377 the annual financial statements. Commissioner Gose spoke in favor of short-listing the responders down to three with special emphasis to be given to the group that is now serving the county and the zones to remain the same. Carl Cool advised that the invitation to bid will come back to the Board in a workshop for comments from the public. The Chair directed staff to agenda the recommendations for official action by the Board of County Commissioners at the February 1, 2000 meeting. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 36 Page 85.
10. County Administrator: 1. Adoption of resolution declaring local state of emergency Motion by Commissioner Bullard, seconded by Commissioner Stokes, to extend the local state of emergency. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 82.
2. Resolution and budget amendment 99-00-94, sign for Avon Park Tax Collector Building Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve budget amendment 99-00- 94 and Resolution, to install a sign at the Highlands County Tax Collector building in Avon Park. The Chair also asked that county staff place a sign designating the county meeting room in that building. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 83.
3. Budget amendment 99-00-98, Chatterpaul property Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve budget amendment 99-00- 98 for Chatterpaul appraisal for property right of way acquisition, drainage easement and maintenance access. Upon roll call, all Commissioners voted aye. Motion carried.
11. ADJOURN The meeting adjourned at 2:25 p.m. ______Chairperson
Attest: ______Clerk
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BOOK 18 PAGE 392
PUBLIC HEARING OF THE BOARD, FEBRUARY 22, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Mike Eastman C Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham James L Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer, and the Pledge of Allegiance led by Commissioner Bob Bullard.
3. UPCOMING COUNTY MEETINGS The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. Public hearing to consider vacation of easement - Sun ‘n Lake Estates of Sebring Petition and Proof of Publication entered into the record by Ramon Gavarette, County Engineer, for the vacation of easement in Sun’n Lake Estates of Sebring. See SMB 36 Page 119. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt Resolution to vacate the utility and drainage easement for the South 7.5 feet of Lot 72, North 7.5 feet of Lot 73, South 7.5 feet of Lot 74, all being in Sun’n Lake Estates of Sebring, Unit 2, Block 30 per Plat Book 9, Page 48, of Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 94.
5. Public hearing to consider road closing - Placid Lakes, Section 19 Petition and Proof of Publication entered into the record by Ramon Gavarette, County Engineer. See SMB 36 Page 120. Ramon explained that when the package was submitted to the Engineering Department, it did not include a letter from Florida Power Corporation approving the closing of Placid Airway or a Declaration of Unit of Title Agreement to ensure minimum road frontage per the zoning Supervisor. On January 14, 2000, a letter was received that was faxed to Mr. Whitehouse dated September 9, 1998, from Florida Power Corporation, approving the closing contingent upon the execution of a Florida Power Corporation Distribution Easement. Yesterday afternoon, a fax was received containing a proposed grant of easement and private travel way. He is recommending that the Board deny the closing of Placid Airway as proper documentation has not been received.
The Chair opened the floor to the public. Attorney Whitehouse, representing the petitioner, spoke in favor of the road closing, contingent upon the proper documentation being received. Carl Cool spoke in opposition to the closing of a private road. Ross Macbeth advised that it is not appropriate to adopt the Resolution until all documents are in order. Wayne Godwin, Westby Corporation, stated that he has no opposition to the road closing. Motion by Commissioner Gose, seconded by Commissioner Stokes, to table this hearing until the BOOK 18 PAGE 393 regular scheduled public hearing next month to obtain additional information. Upon roll call, all Commissioners voted aye. Motion carried.
6. Public hearings to consider zoning changes, small scale plan amendments and a large scale plan amendment Jim Polatty, Development Services Director, presented petitions and proof of publications for the following hearings into the record. See Proof of Pub Ordinance Book 2 Page 83.
NEW BUSINESS: HEARING # CPA - 2000-130SS - STEVEN R. PARKER AND SUSAN A. PARKER - C/O CLIFFORD M. ABLES, III Approximately 4.57 acres located in Sec. 30, Twp. 35S, 29E, Highlands County, Florida. Requesting a small scale plan amendment from “General Agriculture” to “Medium Density Residential.”
HEARING # 1543 - STEVEN R. PARKER AND SUSAN A. PARKER - C/O CLIFFORD M. ABLES, III Approximately 4.57 acres located in Sec. 30, Twp. 35S, 29E, Highlands County, Florida. Requesting a zoning change from B-3 CU (Business district with a Conditional Use) to R-1 (Residential district). Applicant desires to construct single family dwellings. The Planning and Zoning Commission and the Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of CPA - 2000-130SS and P&Z #1543, contingent upon approval from DCA of the small scale plan amendment. There were no letters received for or against.
Motion by Commissioner Bullard, seconded by Commissioner Gose, in accordance with the Local Planning Agency, to approve the large scale plan amendment and the zoning request, and adopt Resolution and Ordinance, contingent upon approval of CPA - 2000-130SS from DCA, including the mandatory findings in the staff report. The Chair called for public input from the audience. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 95.
OLD BUSINESS: HEARING # CPA - 99-126SS - CLARENCE D. & LORA ANN REHRIG - C/O COLLEEN LOEWY Approximately 3.23 acre tract located in Sec. 14, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a small-scale plan amendment from “Medium Density Residential” to “High Density Residential.”
HEARING # 1539 - CLARENCE D. & LORA ANN REHRIG - C/O COLLEEN LOEWY Approximately 3.23 acre tract located in Sec. 14, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from R-1A (Residential district) to R-3 (Multiple Dwelling district). Applicant desires to convert existing building into a day care center. The applicant stated at the Planning and Zoning Public Hearing that they would like to amend the zoning change request to R-3 CU on the front 275 feet by approximately 250 feet deep to only allow a day care center. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners denial of CPA - 99-126SS and P&Z 1539 as presented. Staff recommended in favor of the zoning. At the hearing, two written replies were received in BOOK 18 PAGE 394 favor and 124 against. Out of the 124 against, 32 were outside the 500-foot notification area, and 92 were inside the area. Also, at the hearing, two spoke in favor and ten against. Carl Cool entered a packet from Mrs. Colleen Loewy and a petition with 13 names in support of the day care center. A letter was entered into the record from Edward and Jean Hanood in opposition to the zoning for a day care center. See SMB 36 Page 121.
Motion by Commissioner Gose, seconded by Commissioner Stokes, to approve Hearing CPA-99-126SS and the rezoning Hearing 1539 from R-1A to R-3 with a conditional use of 275 foot frontage and 250-foot deep area for a day care center as proposed by Ms. Colleen Loewy, and adoption of Resolution and ordinance. If the day care center ceases to operate, this portion would be rezoned back to R-1A. The Chair opened the floor to the public. Thomas Hunt, representing Colleen Loewy, spoke in favor and presented a petition into the record in favor. Ruth K. Davis and Susan Jones, Realtors spoke in favor. A letter was received from Gary Gossett, Jr. and Ann Wildstein in favor of the development. Russell P. Douse, James Swiers, Winifred Swiers, Peter Savage, Wallace J. Tabor, Ralph Hiner, and Jack Reese, spoke in opposition. See SMB 36 Page 122 for copies of information. The Chair closed to pubic input. Commissioner Maxcy stated concerns for the traffic issue and suggested a rear entrance to the day care center. Ramon Gavarette, County Engineer, advised that the traffic pattern could be altered by 350 cars daily and a rear entrance could cause more traffic on a local road. However, a site plan has not been submitted yet. Commissioner Bullard suggested that we address those issues at the time of development. Commissioner Stokes stated that when the widening takes effect, and Sebring Parkway is complete, the increase will be addressed at that time and the 350 cars will not create that much of an impact. Ramon advised that he has already communicated to Ms. Loewy that a right turn lane may be required for the business. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried. See Res. Book 13 Page 96.
Break 10:30 - 10:45 a.m.
HEARING # CPA - 99-127LS - ESTATE OF C. D. CLINE AND DAYTON - GRAINGER CORP. C/O WOLF CREEK PARTNERS, JIM WELLS Approximately 638 acres located in Sec. 20, Twp. 35S, Rge. 29E, Highlands County Florida. Requesting a large scale plan amendment from “General Agriculture” to “Low Density Residential.” Applicant desires to construct a golf community comprising of approximately 725 dwelling units surrounded by an 18-hole or a 27-hole golf course of champion caliber with country club facilities, and an overall gross density of one dwelling unit for each 1.14 acres, or an 0.88 dwelling unit per gross acre. The request is for low density residential FLUM designation with an implementing Planned Development district. Jim Polatty read the petition into the record. There were 16 written replies in favor and 56 against. Carl Cool presented two letters in opposition and noted one phone call in opposition. Attorney Jack Brandon, representing the principals, Rob Reed and Jeff Futch, presented the petition. Consultant Rick Wohlfarth, with CCL Consulates, Inc., presented a slide presentation outlining the Wolf Creek Land Use Amendment and addressing concerns stated by residents. He stated that there will be no public access to either Lake Ruth or Lake Charlotte, wetlands will be left intact, stormwater will be treated at today’s standards, and soils are suitable for development. The development will also share the cost of intersection improvements, if required. A traffic study was performed by David Moholland with the firm of G.M.B. Engineering. Studies show traffic from Osprey can be handled by Sparta Road and SR 66. Mr. Lew Carter performed an Environmental Study. BOOK 18 PAGE 395
Commissioner Stokes stated that the developers need to ensure that the two lakes do not suffer from increased housing. He asked that Clell Ford present his opinion. Highlands County Lakes Manager, Clell Ford did a cursory study of the proposed development’s affect on Lake Charlotte and Lake Ruth. Clell stated that Lake Ruth is in pristine condition but could be harmed by a large development. However, if it was managed properly, could cause fewer harmful effects than uncontrolled growth. A planned development is better than an unplanned development. Commissioner Maxcy presented concerns of the affect to Lake Josephine.
Motion by Commissioner Bullard, seconded by Commissioner Maxcy, in accordance with the Local Planning Agency, to approve the large scale plan amendment and transmit to the Florida Department of community Affairs, after entering into the record the mandatory findings in the staff report. The Chair opened the floor to the public. The following persons spoke in opposition, citing traffic congestion, urban sprawl, danger to area lakes, not enough information, impact on schools, deleting lands from agriculture, and flooding: Vivian Davis, Hank Kowalski, Von Whitsides, Carol A. Nolan, Dave McCadam, President of Lake Josephine Association, Peggy Grund, President of Home owners of Buttonwood Bay, Mary Bauer, Gale Hall, Bob Walker, Bob Martin, John T. Williams, Robert Truby, Tim Blackman, Elsa Raushi, Mike Swaine, Doug Barnes, Raymond Raushi, and Marguerite S. Skipper.
The following persons spoke in support of the project to add to the economic development of the County: Thomas James, President of the Highlands County Builders Association, John Haviland, John K. Brewer, Eulah Gahwiler, Marty McKenna, Roy Loweke, and Dorothy Reed.
The Chairman closed the input from the public and the Commissioners discussed the project. Commissioner Maxcy stated that his philosophy was to allow the proposed project to get to first base and receive state review. The Commission will have two more chances to have their input, before the project is completed. Commissioner Flowers stated concerns for the overcrowded Cracker Trail Elementary School on Sparta Road. An additional seven classroom wing and an addition to the current cafeteria is estimated at 1.8 million dollars. He felt that 25 percent of the 725 homes would yield 200 children and could require the addition of two classroom wings. Commissioner Bullard said it would be unfair not to send the Osprey Lakes proposal to Tallahassee for review when the Board has already sent the similar Viscaya Lakes project to DCA. This type of project is critical to the County and upscale developments pay more than their share of taxes for the schools. Commissioner Gose did not feel comfortable voting to send this to the DCA as it is not a planned development. Commissioner Stokes spoke in favor to allow the project to go to first base and then make the hard decisions when the full plan is presented. Petition entered into the record with 433 signatures in opposition. See Wolf Creek Development file for copy.
Break 12:35 p.m. - 12:45 p.m.
Upon roll call, Commissioners Bullard, Maxcy and, Stokes voted aye. Commissioners Gose and Flowers voted nay. Motion carried.
7. Public hearing to consider amendments to text of Comprehensive Plan - Spring 2000 Large BOOK 18 PAGE 396
Scale Comprehensive Plan amendment CPA 2000-131LS. Mr. Polatty reviewed the requirements for revisions to CPA-2000-131LS(3rd Round of EAR-Based Amendments and Comprehensive Amendments). Motion by Commissioner Bullard, seconded by Commissioner Gose, to approve for transmittal the attached CPA-2000-131LS, including the Section 22, establishing the requirement for Comprehensive Plan amendments, and directing staff to work with NRAC and the Local Planning Agency to again discuss and review Sections 13 and 16 and recommend appropriate action to the County Commission, prior to adoption of these amendments. John Martz, speaking for Florida Power Corporation, addressed Section 21, Proper Siting of Utilities, Policy 1; 8 Sec. B. and C. He objected to the language of locating utility primary transmission lines in existing transmission line easements away from arterial rights-of-way and approval by the Board of County Commissioners for affected utility lines or facilities having a capacity above the stated threshold. Carl Cool spoke in favor of leaving the language as it is stated. Lew Carter spoke in opposition to the motion. Ron Geer spoke in favor of the County Planner’s comments regarding the Florida Power Corporation request. Upon roll call, all Commissioners voted aye. Motion carried. See Comprehensive Plan file for copy of amendments.
8. Approval to pay all duly authorized employee benefits Motion by Commissioner Gose, seconded by Commissioner Bullard, to approve payment of employee benefits in the amount of $121,094.99 for February 22, 2000 and payment of Employee Benefits for February 29, 2000. Upon roll call, all Commissioners voted aye. Motion carried.
9. Mike Eastman - Approval to pay bills-Wiggins & CSX Property Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to waive the agenda to approve payment of hand cut checks for Wiggins & CSX properties. Upon roll call, all Commissioners voted aye. The motion carried. Motion by Commissioner Maxcy, seconded by Commissioner Gose, to approve payment of hand cut checks in the amount of $74,465.00. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 36 Page 123.
10. Approval to execute resolution extending local state of emergency Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt Resolution extending the local state of emergency. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 97.
11. ADJOURN The meeting adjourned at 2:45 p.m. ______Chairperson Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, MARCH 28, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Mike Eastman C Guy Maxcy Carl Cool Edgar E Stokes Cliff Ables-sitting for Ross Macbeth Bob Bullard Louise Graham James L Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bob Bullard. The Pledge of Allegiance was led by the Chair.
3. UPCOMING COUNTY MEETINGS The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Mr. Cool advised that the Hardee County Commission will be discussing the east west roads on March 30, 2000 at 6:30 p.m. They have invited Highlands County Commission and staff to participate. Commissioner Gose, County Administrator Carl Cool and County Engineer Ramon Gavarrete will be attending the meeting in Hardee County.
Chairman Flowers introduced Allie Carr, Sebring High School student, who is a member of the Career Development Education Program. Miss Carr will be assisting the Board and staff at the Board meeting on Tuesdays with various small projects.
4. Public hearings to consider zoning changes, consistency zoning changes, and County-initiated zoning change Jim Polatty, Development Services Director, presented the Proof of Publication and Petitions into the record for the following proposed hearings. See Proof of Pub Ordinance Book 2 Page 85.
NEW BUSINESS: HEARING #1544 - HAMMOCK MOBILE ESTATES C/O RICK WHIDDEN Lot 2, Block B, Hammock Mobile Estates, as recorded in P.B. 11, Pg. 4, of the Public Records of Highlands County, Florida. Requesting a zoning change from M-1 (Mobile Home Subdivisions district) to M-2 (Mobile Home Parks district). The majority of the lots in existing subdivision are presently zoned M-2 for rental. The Planning and Zoning Commission made a recommendation to the Board of County Commissioners to approve as presented including the mandatory findings in the staff report. Rick Whidden, representing the petitioner, spoke in favor of the zoning change. There were no written replies received. Motion by Commissioner Stokes, seconded by Commissioner Gose, to approve the zoning change and adopt Resolution, including the mandatory findings in the staff report. The Chair opened the floor to the public. No one came forward to speak. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 13 Page 138.
HEARING # 1554 - RONALD D. PARISH C/O CHRIS DENNISON Lots 7 and 8, and the East 17 feet of Lot 9, Less State Road 64, Right of Way, Block B, of West Avon Park Subdivision, as recorded in Plat Book 2, Page 68-A, of the Public Records of Highlands County, Florida. BOOK 18 PAGE 419
Requesting a zoning change from B-3 (Business district) to B-4 (Business district). Applicant desires to operate a feed store and to comply with the Comprehensive Plan. The recommendation of the Planning and Zoning Commission was to approve as presented including the mandatory findings in the staff report. There were no written replies for or against. Motion by Commissioner Gose, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission to approve and adopt by resolution including the mandatory findings in the staff report. The Chair opened the floor to the public. No one spoke for or against the motion. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 139.
HEARING # 1552 - CITY OF AVON PARK C/O C. B. SHIREY - CONSISTENCY REZONE Two tracts containing approximately 2.11 acres and 29.13 acres located in Sec. 34, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from I-1 (Industrial district) to PU (Public Lands district). The uses are governmental buildings, uses customarily incidental to governmental agencies, and a water treatment plant, and other accessory uses incidental to the water treatment plant. Mr. Shirey, representative for the City of Avon Park, spoke at the Planning and Zoning meeting and requested this application be withdrawn. The Planning and Zoning Commission agreed to withdraw this request and consider it at a later time after the City decides what to do with the comprehensive plan category and zoning district. No action was taken by the Board.
HEARING # 1545 - DONALD C. & GLORIA F. ARNOLD - CONSISTENCY REZONE Approximately 3.83 acres located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to EU (Estate district).
HEARING # 1546 - NOAH W. & RACHEL D. COOK - CONSISTENCY REZONE An approximate 1 acre tract located in Sec. 23, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to EU (Estate district).
HEARING # 1547 - CSX TRANSPORTATION INC. C/O TAX DEPARTMENT - CONSISTENCY REZONE An approximate .54 acre tract located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to EU (Estate district).
HEARING # 1548 - ERWIN & PATRICIA DILLMAN - CONSISTENCY REZONE An approximate .115 acre tract located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to EU (Estate district).
HEARING # 1549 - HECTOR & ELOISA GAMEZ - CONSISTENCY REZONE Approximately 1.11 acres located in Sec. 10, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to EU (Estate district).
HEARING # 1550 - K. R. & JUDITH P. HEIRING - CONSISTENCY REZONE Approximately 4.48 acres located in Sec. 23, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-1 (Residential district).
HEARING # 1551 - W. R. & PATRICIA E. HEIRING - CONSISTENCY REZONE Approximately 4.44 acres located in Sec. 23, Twp. 33S, Rge. 28E, Highlands County, Florida. BOOK 18 PAGE 420
Requesting a zoning change from AU (Agricultural) to R-1 (Residential district).
The above Hearings #1545 thru 1551 are consistency zoning changes. These requests are to be consistent with the Future Land Use Map as required by Florida Statutes. The recommendation of the Planning and Zoning Commission was to approve P&Z Hearing Numbers as presented including the mandatory findings in the staff report.
Motion by Commissioner Stokes, seconded by Commissioner Gose, in accordance with the Planning and Zoning Commission, to approve and adopt P&Z Hearing Numbers 1545, 1546, 1547, 1548, 1549, 1550, and 1551 by Resolution including the mandatory findings in the staff reports. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 140
HEARING # 1553 - W. M. F. WARD, RESIDUAL TRUST - COUNTY INITIATED REZONE Approximately 9.4 acres located in Sec. 23, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to R-1 (Residential district). This is a County initiated zoning change. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval contingent upon approval from DCA of CPA - 00-133LS and including the mandatory findings in the staff report. No letters were received for or against.
Motion by Commissioner Bullard, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution contingent upon approval from DCA of CPA - 00- 133LS, and including the mandatory findings in the staff report. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 141.
5. Public hearing to consider an ordinance regarding nuisances and fees Proof of Publication entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ord Book 2 Page 86. Mr. Polatty explained that the ordinance and resolution are being revised to incorporate a new schedule of fees for Planning and Zoning applications and reviews, building permits, and nuisance abatement. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to adopt ordinance and resolution as presented with changes as noted by Commissioner Bullard. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 142.
6. Public hearing to consider vacation of easement - Placid Lakes Ramon Gavarrete, County Engineer, presented petition and proof of publication into the record to vacate an easement in Placid Lakes, Section 19, Block 77. See SMB 36 Page 161. Motion by Commissioner Bullard, seconded by Commissioner Maxcy, to adopt Resolution vacating the utility and drainage easement as described by the County Engineer. The Chair opened the floor to the public. No one spoke for or against. Commissioner Gose declared a conflict, and entered into the record a memorandum of voting conflict, as the petitioner is a relative. This document will become a part of the minutes. See SMB 36 Page 162 for copy. Upon roll call, all Commissioners voted aye, except Commissioner Gose, who abstained. Motion carried. See Res. Book 13 Page 143.
7. Public hearing to consider vacation of easement - Sun ‘n Lake Estates of Sebring Ramon Gavarrete, County Engineer, presented petition and proof of publication into the record to vacate the utility and drainage easement for the East 7.5 feet of Lot 14, West 7.5 feet of Lot 15, East 7.5 feet of Lot 15, West 7.5 feet of Lot 16, all in Block 325, of Sun’n Lake Estates of Sebring Unit 15. See SMB 36 Page 163. BOOK 18 PAGE 421
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt Resolution vacating the easement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 144.
8. Public hearing to consider vacation of easement - Thunderbird Hills South Ramon Gavarrete, County Engineer, presented petition and proof of publication into the record to vacate the utility and drainage easement for the east 7.5 feet of Lot 42 and the West 7.5 feet of Lot 43, less the northerly 10 feet of Thunderbird Hills South, Unit 2. See SMB 36 Page 164. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt Resolution vacating the drainage easement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 145.
9. Public hearing to consider road closing - Placid Air Way - Dr. Jere D. Creed Ramon Gavarrete stated that the proof of Publication, the Declaration of Unity of Title Agreement and the Florida Power Corporation Distribution Easement has not been received in the County Engineer’s office. He did not feel that it was legal to hold the public hearing. Cliff Ables, sitting attorney for Ross Macbeth, also confirmed that there was no proof that the hearing was noticed. The County Engineer received a copy of a notice from Attorney Wendell Whitehouse from the audience. At this point a motion was made by Commissioner Gose, seconded by Commissioner Bullard, to remove from the table Public Hearing to consider road closing. Upon roll call, all Commissioners voted aye. Motion carried.
The County Engineer presented the Petition, Map and Resolution to close all of Placid Airway, as shown on the Plat of Placid Lakes Section 19, as recorded in Plat Book 9, Page 14, of the Public Records of Highlands County Florida. As of this date the Department has not received the Declaration of Unity of Title Agreement to ensure minimum road frontage, or the Florida Power Corporation Distribution Easement. The County Engineer recommended denying closing of Placid Airway.
Commissioner Maxcy made a motion to approve the road closing. No second was received. The motion died for lack of a second. Motion by Commissioner Bullard, seconded by Commissioner Stokes, to disapprove closing all of Placid Airway, as shown on the Plat of Placid Lakes Section 19. The Chair opened the floor to the public. Wendell Whitehouse, Attorney for Mr. Creed, spoke in favor of the closing. He stated that the problem with the proof of publication was due to the move by the County Engineer’s office. It was mailed to their office and returned for an insufficient address. He also has an approved Florida Power Easement that will be executed by Dr. Creed, on behalf of the family, and a unity of title agreement, although, he does not believe that it is necessary. Commissioner Gose questioned why the petitioner did not close the road and vacate the plat together. Dr. Creed responded that it is very important to know whether he can vacate the road before he proceeds with the platting. He stated that the major issue is safety. He wants to move the building back further away from the runway, to give him an additional 50 feet.
The County Administrator advised that the forms are not complete and have not been reviewed by staff. He spoke in favor of the motion to deny the request. Commissioner Bullard spoke in favor of the motion that he made, because of staff’s recommendation, and the time frame that was already established. Commissioner Maxcy spoke in opposition to the motion and in favor to approve the road closing. Motion by Commissioner Stokes, seconded by Commissioner Gose, to table the motion until April 25, 2000. Upon roll call, all Commissioners voted aye, except Commissioner Bullard, who voted nay. Motion carried. See SMB 36 Page 165.
Commissioner Bullard spoke in favor of staff removing items from the agenda, if proper documentation is not received by the cut off day. He suggested that staff check with other counties to see what procedure is BOOK 18 PAGE 422 followed. The Chair supported this suggestion. Attorney Ables stated that the Board has the power to control what is placed on the agenda. Citizens may speak under citizens participation, but the County Administrator has the power to refuse a public hearing item if necessary documents are not in order.
10. Public hearing to consider candidates for CDBG funding Proof of publication entered into the record by David Heacock. See SMB 36 Page 166. Mr. Heacock explained that this is a general public hearing to seek input for suggested projects that will be candidates for CDBG funding for the year 2000. Once the project is selected, there will be a second public hearing for input regarding the selected project. The application deadline is May 31, 2000. There will be $750,000 available for a grant from DCA for the selected project. The deadline for Economic Development projects begins on March 31st and continues until the funds are exhausted. This year there is $10,000,000 available in Florida for Economic Development CDBG grants. The County may apply for a project that is Commercial, Revitalization, Neighborhood Improvements, or Housing, and one Economic Development project. CDBG funding requires that the project be used to meet the needs of Very-Low and Low to Moderate income families.
Steven Weeks read into the record the First Public Hearing Notice. Carl Cool entered a letter into the record from Mr. John Borgemeister, requesting to appear before the Board on April 4th for consideration of an economic development area grant. Steven Weeks, CDBG Coordinator, read the First Public Hearing Notice into the record and presented information regarding the available project. He stated that economic development is one of the easiest grants to apply for and obtain. Housing is also a good one. He does not feel that the County will score well in neighborhood revitalization which is water and sewer. The County does not have the points necessary. The Chair opened the floor to the public for anyone who may want to bring up a project. Howard Short, owner of a utility company, that services approximately 750 homes, spoke to the Commission regarding a water and sewer project. He would like to extend the water lines south of Josephine Creek to 100 homes or mobile homes on Palmetto Drive to River Drive that needs safe drinking water. DEP is agreeable to funding a portion of this project. Steven advised that the problem is that we need low income families to qualify for the neighborhood revitalization projects. His recommendation is not to consider this project at this time.
Jim Polatty stated for the record that the Crutchfield Groves site, located at the southwest corner of 27 and 66, expressed interest in an economic development grant with the CDBG. This grant requires a business to locate in the vicinity. The County’s interest was to get water and sewer down to the industrial park. John Borgemeister stated that he will be presenting a request next Tuesday to be considered as an applicant for a CDBG economic development project.
11. Public hearing on Fair Housing Proof of publication entered into the record. See SMB 36 Page 167. Steven Weeks explained that in order to qualify for a new Community Development Block Grant, it is necessary to hold a public hearing on Fair Housing. Mr. Weeks conducted the hearing on behalf of the Housing Department.
12. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Bullard, to set the Action Agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.
A. Approval to pay all duly authorized employee benefits Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve payment of employment benefits in the amount of $163,113.96. Upon roll call, all Commissioners voted aye. Motion carried.
BOOK 18 PAGE 423
B. Approval to execute resolution extending the local state of emergency Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt Resolution extending the local state of emergency. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 146.
C. Approval of revised Notice of Nuisance case # 9908-0039 Motion by Commissioner Bullard, seconded by Commissioner Gose, to approve revised Notice of Nuisance case #9908-0039 as presented. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 36 Page 168.
D. Approval to release Unity of Title Agreement - Sun ‘n Lake Properties, Inc. Gary Lower, Zoning Supervisor, presented a request for release of Unity of Title Agreement. Motion by Commissioner Gose, seconded by Commissioner Stokes, in accordance with staff recommendation to approve releasing Unity of Title Agreement for Mr. Robert Severino, of Sun’n Lake Properties, Inc. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 36 Page 169.
E. Adopt proclamation of “Census Awareness Day” Commissioner Bullard read the proclamation into the record. Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt Proclamation, proclaiming April 1st 2000 as Census Awareness Day in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 147.
13. ADJOURN The meeting adjourned at 11:07 a.m. ______Chairperson Attest: ______Clerk
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BOOK 18 PAGE 442
PUBLIC HEARING OF THE BOARD, APRIL 25, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Mike Eastman C. Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham James L. Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Edgar Stokes. The Pledge of Allegiance was led by the Chair.
3. Upcoming County meetings: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. Public hearing to consider proposed small-scale plan amendment and zoning change HEARING CPA - 00-132SS - CHURCH OF ALL FAITHS, INC. - C/O BILL AND SHEILA STATON An approximate 3.05 acre tract located in Sec. 20, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from (General Agriculture) to (Medium Density Residential).
HEARING # 1555 - CHURCH OF ALL FAITHS, INC. - C/O BILL AND SHEILA STATON An approximate 3.05 acre tract located in Sec. 20, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from B-3 (Business district) to R-1A (Residential district). Applicant desires to be consistent with the surrounding area for single family dwellings. The Local Planning Agency and the Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval of CPA - 00-132SS as presented and P&Z Hearing # 1555, contingent upon approval from DCA of the small scale plan amendment and including the mandatory findings in the staff report.
Petitions and Proof of Publication entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ord Book 2 Page 87.
Motion by Commissioner Bullard, seconded by Commissioner Gose, in accordance with the Local Planning Agency, to approve zoning hearing and adopt by Ordinance and Resolution, contingent upon approval of CPA 00-132SS from DCA and including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 13 Page 162. BOOK 18 PAGE 443
5. Public hearing to consider CDBG housing application Proof of Publication entered into the record by David Heacock, Housing Coordinator. See SMB 36 Page 199. Stephen Weeks, Consultant for the Grant Application, read into the record the public hearing notice and explained that this is the second public hearing as required for the CDBG housing application. Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt Resolution authorizing staff to proceed with the application. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 163.
6. Public hearing to consider CDBG Economic Development application Proof of Publication entered into the record by David Heacock, Housing Coordinator. See SMB 36 Page 200. Mr. Heacock explained that on April 4th the Board of County Commissioners agreed to submit a CDBG Economic Development application for $750,000 on behalf of Home Depot. The Citizens Advisory Task Force has recommended that this project be approved by the Commission. The developer has hired Fred Fox Enterprises, Inc. to prepare the application for the grant competition. Mr. Fox will be paid by the developer. Fred Fox explained that the $750,000 will help with the following work: • Extend water to the 30-acre property, where the Home Depot is proposing to build a 115,000 square foot home improvement center. • Install a new sewer main and lift station. • Road improvement to U.S. 27, New Life Way, and Northside Drive. • Drainage work • Administration
The Home Depot will pay $25,000 for engineering services. They have committed to 42 jobs in the application of which 25 will be low-or-moderate income. Commissioner Gose questioned the impact of off- site road improvements. The County Administrator did not feel that there would be any impact of improvements to relocation. The developer will also pay the project engineering costs and the project engineering inspection costs.
Motion by Commissioner Bullard, seconded by Commissioner Gose, to approve the submission of the Economic Development application to DCA for 2000 CDBG year funding in the amount of $750,000. The Development Services Director presented several issues to Mr. Fox concerning the requirement that jobs be set aside for low-to-moderate income workers. If this provision is not met, the grant would have to be repaid. Mr. Fox stated that would be included in the agreement with the county, should the grant be approved. John Borgemeister stated that once the grant qualifies, then they will strive to give the county the comfort level that they seek in the agreement. Mr. Polatty also asked if our attorney will be responsible for drafting the proper documents. Mr. Fox advised that both attorneys will be drafting legal documents for review. Ross Macbeth stated that SIR reimbursed the county for the cost of their attorneys. David Heacock advised that we pay for legal fees out of the current grant under administration. Commissioner Bullard stated that no money will be dispersed until all these questions are answered.
Upon roll call, Commissioners Bullard, Gose and Stokes voted aye. Commissioner Flowers and Maxcy voted nay. Motion carried. BOOK 18 PAGE 444
7. Public hearing to consider vacation of easement - Sun ‘n Lake of Sebring Proof of Publication and Petition entered into the record by Ramon Gavarrete, County Engineer. See SMB 36 Page 201. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt Resolution to vacate the utility and drainage easement as follows: The South 7.5 feet of the East 115 feet of Lot 29 and the North 7.5 feet of the East 115 feet of Lot 30, all being in Sun’n lakes Estates of Sebring, Unit 5, Block 59 per Plat Book 9, Page 51, Highlands County. The Chair opened the floor to the public. Gabriel Read asked if a review has been performed regarding dedication of right of way. The County Engineer advised that staff has reviewed the easement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 13 Page 164.
8. Public hearing to consider road closing - Placid Air Way Ramon Gavarette, County Engineer, explained that this is the third time that this package is being presented to the Board. The road closing was tabled on March 28, 2000 until April 25, 2000, to obtain the unity of title and Florida Power Corporation Distribution Easement. The meeting was duly noticed last month and on advice of the attorney, the meeting did not have to be renoticed. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to remove from the table the Public Hearing motion to disapprove Placid Air Way road closing. Upon roll call, all Commissioners voted aye. Motion carried.
The County Engineer advised that staff is recommending approval of the road closing, pending verification of the legal description on the forms. All forms have been received and reviewed by the Board Attorney. Commissioner Bullard withdrew his motion on the floor to disapprove the hearing and Commissioner Gose withdrew his second. Attorney Wendell Whitehouse apologized to the Board for the confusion and requested approval of the road closing.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve closing all of Placid Airway, as shown on the Plat of Placid Lakes Section 19, as recorded in Plat Book 9, Page 14, of the Public Records of Highlands County Florida. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 36 Page 202 and Res. Book 13 Page 165.
9. Public hearing on Howard Avenue Ramon Gavarrete, County Engineer, stated that the County has been maintaining this section of Howard Avenue since 1976. The previous owners of 3410 Howard Avenue, Dana and Paula Ritenour, requested that the road be moved to its current alignment in order to minimize the impact to existing trees within the platted road right of way. In April of 1997, Roger and Teresa Cothran purchased the property at that location. Mr. Cothran has requested that the road be moved to its platted right-of-way. If this is done, the trees in the right of way will be removed. An existing manufactured home will be located within 12 feet of the proposed edge of pavement for a section of Howard Avenue. Staff has notified all property owners on Howard Avenue of the Public Hearing. The County Engineers’ recommendation is to move the fifty-foot shell road south where the platted right of way is located. Mr. Macbeth advised that there is a safety problem with the Mobile Home, as it is too close to the right of way. Martha Moore spoke in opposition BOOK 18 PAGE 445 to having the mobile home moved.
The Chair opened the floor to the public. Roger Cothran presented pictures into the record of the neighborhood buildings and spoke of problems in the neighborhood. William Moore asked that the road be corrected with a 60-foot right of way from the beginning to the end. He also agreed to give 40 feet of right of way at the west end and if needed on the north and south side for the road.
The Commission discussed the option of extending Howard Avenue west to Waldron Avenue, and securing right of way on the southern edge of parcel 14. Motion by Commissioner Stokes, seconded by Commissioner Gose, to purchase 30 feet of right of way at the price of $2,000 from Mr. Cothran, add to the existing right of way and leave the road at the County Engineer’s discretion with a budget amendment to come from infrastructure contingency. The Chair opened the floor to the public. Loren Eby spoke in favor of the motion. Gabriel Read spoke in opposition to using tax payers money for the solution to the problem. William Moore suggested that the short street from Howard Avenue West be named after his wife’s father, Oberry, as he settled in the area in 1910. Mr. Macbeth asked that Mr. Cothran satisfy the liens on the property, before the County takes title. Upon roll call, all Commissioners voted aye. Motion carried. See DeSoto City file for copy of information.
Recess 10:30 a.m. - 10:45 a.m.
10. Public hearing to consider an ordinance regarding Sun ‘n Lake Estates and Acreage of Lake Placid Special Benefit District Proof of Publication entered into the record. See Proof of Pub Ord Book 2 Page 88. The Board Attorney read the captions of the ordinance into the record and explained that the ordinance is being adopted to provide fire protection and establish boundaries in the unincorporated areas of the county. Tim Eures presented a request for the Board to extend the boundaries of the district to allow everyone receiving fire protection to pay for it. The district currently charges $20.00 per parcel, but the assessment for the newly incorporated area won’t be set until later this summer. Treasa Handley, assessment coordinator stated that the next step will be to determine the number of homes located in the affected area. Commissioner Bullard recommended that everyone receiving fire protection participate proportionately in funding. James Penrod, president of the benefit district, stated that firefighters will continue responding to calls outside of the district boundaries.
Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt ordinance expanding the Sun’n Lake Estates and Acreage of Lake Placid Special Benefit District. Upon roll call, all Commissioners voted aye. Motion carried.
11. A. Approval to pay all duly authorized employee benefits Motion by Commissioner Gose, seconded by Commissioner Bullard, to approve payment of all duly authorized employee benefits in the amount of $69,347.80. Upon roll call, all Commissioners voted aye. Motion carried. BOOK 18 PAGE 446
B. Approval to execute resolution declaring local state of fire danger This item removed at the request of the Board Attorney.
C. Approval to execute corrective resolution on vacation of a plat- Highlands Ridge Commissioner Maxcy declared a conflict as Highlands Ridge Associates, Inc. is a client of his corporation. He entered into the record a memorandum of voting conflict to become a part of the minutes of this meeting. See SMB 36 Page 203.
Ross Macbeth presented a corrective Resolution, with additional verbiage, and it is hereby vacated along with an additional paragraph that recites the earlier Resolution that we are correcting. Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt Resolution to correct Resolution adopted on July 3, 1990 and recorded in O.R. Book 1116, Page 1556 of the Public Records of Highlands County, Florida for vacating that portion of the plat of Bonnett Lake Village. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who abstained. Motion carried. See Bonnett Lake Village file and Res. Book 13 Page 165.
The Chairman stated for the record that Commissioner Stokes seconded the motion on Public Hearing to consider the road closing of Placid Aire Way. The motion was made on March 28, 2000 to disapprove the hearing and was then tabled by the Board. On the advice of the attorney, the motion did not have to be restated.
12. ADJOURN The meeting adjourned at 11:25 a.m. ______Chairperson
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, MAY 23, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Mike Eastman C Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham James L Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Guy Maxcy. The Pledge of Allegiance was led by former Commissioner Robert Skipper.
3. UPCOMING COUNTY MEETINGS The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. Penney Cobb, RCMA: Proclamation “Stand for Children Day” Penny Cobb, Program Coordinator for the Redlands Christian Migrant Association, presented a Proclamation into the record in support of a community commitment to improve the quality of children’s lives by building safer and healthier communities. Penny stated that on June 1, 2000 the Association will celebrate Stand for Children Day in Highlands County, along with hundreds of thousands of other children’s advocates across the United States. The Chairperson read the Proclamation into the record. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt a Proclamation declaring June 1, 2000 as Stand for Children’s Day in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 6.
5. Public hearing to consider an ordinance regarding handypersons Proof of Publication for the public hearing entered into the record. See Proof of Pub Ord Book 2 Page 89. Carl Cool read the captions of the ordinance into the record and suggested changes to the effective date of the ordinance to coincide with the September 30, 2000 occupational license date. Ross Macbeth advised that all affected parties have been notified of the change by county staff.
Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt an ordinance amending the Handyperson ordinance as presented. The Chair opened the floor for public input. Artie McIntyre, a painter in the county, spoke of problems that existed when he was designated as a handyperson. The County Administrator was directed to correct the license mixup with Mr. McIntyre. Gabriel Read stated concerns with the administration of the licences. The Chairperson reported that these problems will be corrected. Upon roll call, all Commissioners voted aye. Motion carried. BOOK 18 PAGE 465
6. Public hearing to consider a resolution to close a portion of Vaughn Road Proof of Publication entered into the record. See SMB 37 Page 34. The County Engineer presented a petition to close Vaughn Road to motorized vehicles except for the maintenance of the utility and drainage easement. Ramon Gavarrete read the Resolution into the record. Staff has approved the recommendation. The Board Attorney has also reviewed and approved the documents.
Commissioner Maxcy questioned why pedestrians and non- motorized vehicles may transverse the road when the road will be closed to vehicles. The County Engineer stated that staff will still need to access the road to maintain the ditch. The Board discussed the future plans for the road. The Chair opened the floor to the public. Don Greenhalgh, owner of 30 acres of property in that area, spoke in opposition to closing the road and in favor of replacing the bridge. Robert Skipper and Artie McIntyre spoke in opposition to closing the road. The County Administrator advised that the state does not want to spend money to repair the bridge or replace it, if the county intends to close the road. Commissioner Gose noted that the road is a bargaining tool with the state, and once it is closed that opportunity goes away. Carl Cool felt that the state will be in opposition to replacing the bridge. Commissioner Maxcy asked that a traffic study be conducted. The Chair opened the floor for public input. Don Greenhalgh spoke in favor of postponing the decision. Clayton Womer wondered why the Commissioners would change their opinion on the closing. Robert Skipper stated that there is very little maintenance needed on the road and in favor of keeping it open. Commissioner Gose asked that we wait for a commitment from the state before we close the road. Ross Macbeth advised that the Resolution does not close the road. It limits the access to the road and it still remains a county road. Commissioner Stokes spoke in favor of the state having their input, before a decision is made. Commissioner Bullard was in agreement with postponing the decision for more information. The consensus of the Board was to hold another public hearing with a presentation from the Hammock State Park to see what their ideas are on the road, and to ask DOT to move up their study for input. See SMB 37 Page 35 for copy of information.
7. Public hearing to consider vacation of easement - Spring Lake Village VIII Proof of Publication and Petition entered into the record by Ramon Gavarrete, County Engineer. See SMB 37 Page 36. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt a Resolution vacating the 7.5 foot wide utility easement on the easterly side of Lot 25, Block F, Spring Lake Village VIII, according to the plat as recorded in Plat Book 11, Page 8 and the 7.5 foot wide utility easement on the westerly side of Lot 1, Block E. Spring Lake Village VII, according to the plat thereof as recorded in Plat Book 15, Page 25, less the northerly 10 foot wide utility easement and less the southerly 15 foot wide utility easement of both referenced lots. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 7.
8. Public hearing to consider purchase of Grady property for jail expansion Bill Stephenson, Special Projects Director, presented Proof of Publication and proposal to purchase the Willie Grady property for the jail expansion parking. See SMB 37 Page 37. The property is located beside the Pre-Trial Release Office now owned by the county and faces on Eucalyptus Street. The property proposal is listed at 20% above the Property Appraiser’s evaluation. This purchase item has been budgeted in the Capital Improvement Plan. Motion by Gose, seconded by Commissioner Stokes, to approve the BOOK 18 PAGE 466 purchase. Chairperson Flowers and Commissioner Gose spoke in favor of the purchase for the jail expansion. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
9. Public hearing to consider purchase of Hayslip property for jail expansion Proof of Publication and proposal entered into the record by Bill Stephenson. See SMB 37 Page 38. Motion by Commissioner Stokes, seconded by Commissioner Bullard, to approve the purchase of the Hayslip property for jail expansion in the amount of $19,300. Mr. Stephenson advised that he agreed to negotiate with the seller for a date on relocation. Commissioner Bullard reported that a person called and asked the Board to consider spending more money on preventing crime than on drug and alcohol abuse programs. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
10. ACTION: A. Approval to pay all duly authorized employee benefits 5/23/00 and 5/30/00 Motion by Commissioner Maxcy, seconded by Commissioner Gose, to approve payment of employee benefits as follows: Employee Benefits 5/23/00 ...... $51,503.15 Employee Benefits 5/30/00 ...... $57,387.37 Upon roll call, all Commissioners voted aye. Motion carried.
B. Approval to execute resolution extending the local state of emergency Motion by Commissioner Stokes, seconded by Commissioner Bullard, to adopt Resolution extending the local state of emergency. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 8.
Commissioner Bullard commended Carl Cool on his participation at the Florida Association of Counties Foundation Finance and Budget Seminar.
11. ADJOURNMENT The meeting adjourned at 10:35 a.m. ______Chairperson
Attest: ______Clerk
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BOOK 18 PAGE 489
PUBLIC HEARING OF THE BOARD, JUNE 27, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Mike Eastman C Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham James L Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bob Bullard. The Pledge of Allegiance was led by the Chair.
The Chair commended Commissioner Guy Maxcy on his election to the second vice-president of the Florida Association of Counties. This is the first time that a commissioner from Highlands County has been elected in this honor, and if everything goes according to procedure, he will actually be the President of the State Association of the Florida Association of Counties in three years. Commissioner Maxcy accepted congratulations from fellow commissioners and stated that he hoped that his service will put Highlands County closer to the legislation in Tallahassee.
The Chair also announced that he along with Commissioners Stokes, Bullard, and Maxcy received their certification at the conference last week. This certification program requires almost two years of study and prepares the commissioners for the decision making process.
3. UPCOMING COUNTY MEETINGS The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public.
4. Public hearings to consider zoning changes, large and small scale plan amendments Jim Polatty presented the petitions and proof of publications into the record. See Proof of Pub Ord. Book 2 Page 90.
NEW BUSINESS: CPA - 00-135LS - LAKE PLACID HOLDING CO. C/O SCOTT HUTCHINS Approximately 19.87 acres located in Sec. 26, Twp. 37S, Rge. 29E, Highlands County, Florida. Requesting a Large-Scale Plan amendment from (Conservation Management Lands) to (General Agriculture). The Local Planning Agency made a recommendation to the Board of County Commissioners to approve CPA - 00-135LS including the mandatory findings in the staff report.
HEARING #1556 - LAKE PLACID HOLDING CO. C/O SCOTT HUTCHINS Approximately 19.87 acres located in Sec. 26, Twp. 37S, Rge. 29E, Highlands BOOK 18 PAGE 490
County, Florida. Requesting a zoning change from R-1 (Residential district) to AU (Agricultural). Applicant desires a tree farm. The Planning and Zoning Commission made a recommendation to the Board of County Commissioners to approve Hearing #1556, contingent upon approval from DCA of CPA - 00-135LS and including the mandatory findings in the staff report. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Bullard, seconded by Commissioner Gose, in accordance with the Planning and Zoning Commission, to approve the Large-Scale FLUM amendment and adopt by ordinance for transmission to the DCA, and adopt the resolution, approving the rezone, contingent upon approval from DCA of CPA-00-135LS, and including the mandatory findings in the staff report. See Res. Book 14 Page 20.
HEARING # CPA - 00-136SS - SAM C. BATTLE ET AL C/O ROBERT L. & CATHLEEN HINES An approximate 1.6 acre tract located in Sec. 27, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a Small-Scale Plan amendment from (General Agriculture) to (Commercial). The Local Planning Agency made a recommendation to the Board of County Commissioners to approve CPA - 00-136SS as presented including the mandatory findings in the staff report. The Chair opened the public to the floor. No one spoke for or against. Motion by Commissioner Gose, seconded by Commissioner Maxcy, in accordance with the Local Planning Agency, to approve and adopt by Ordinance including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING # CPA - 00-137SS - WILLIAM S. HORTOS JR. C/O NATHAN D. BREWER Approximately 7.499 acres located in Sec. 20, Twp. 37S, Rge. 29E, Highlands County, Florida. Requesting a Small-Scale Plan Amendment from (Commercial) to (Medium Density Residential). The Local Planning Agency made a recommendation to the Board of County Commissioners to approve CPA - 00-137SS as presented including the mandatory findings in the staff report.
HEARING # 1557 - WILLIAM S. HORTOS JR. C/O NATHAN D. BREWER Approximately 7.499 acres located in Sec. 20, Twp. 37S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to R-1A (Residential district). Applicant desires to construct a single family residence. The Planning and Zoning Commission made a recommendation to the Board of County Commissioners to approve Hearing #1557, contingent upon approval from DCA of CPA - 00-137SS and including the mandatory findings in the staff report. The Chair opened the floor to the public. No one spoke for or against. No letters were received into the record for or against.
Motion by Commissioner Gose, seconded by Commissioner Bullard, in accordance with the Local Planning Agency, to adopt by Ordinance, the Small Scale Plan Amendment and Resolution approving zoning change, contingent upon approval of CPA - 00-137SS from DCA and including the mandatory BOOK 18 PAGE 491 findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 21.
HEARING # 1558 - GREGORY SCOTT REYNOLDS An approximate 10 acre tract located in Sec. 14, Twp. 37S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to AU (Agricultural). Applicant desires agricultural uses. The Planning and Zoning Commission made a recommendation to the Board of County Commissioners to approve as presented including the mandatory findings in the staff report. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Maxcy, seconded by Commissioner Gose, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 22.
HEARING # CPA - 00-138LS - LAKE PLACID GROVES, LLC C/O ROGER DALE POLSTON Approximately 325 acres located in Sec. 22, Twp. 36S, Rge. 29E, Highlands County, Florida. Requesting a Large-Scale Plan amendment from (General Agriculture) to (Low Density Residential). The recommendation of the Planning and Zoning Commission was a tie vote; therefore, the recommendation of the Planning and Zoning Commission is to refer this proposal to the County Commission for their consideration and final decision.
HEARING # 1559 - LAKE PLACID GROVES, LLC C/O ROGER DALE POLSTON Approximately 325 acres located in Sec. 22, Twp. 36S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to PD (Planned Development district). Applicant desires to construct a golf course and a residential subdivision to be known as Lake Francis Landing. The recommendation of the Local Planning Agency was a tie vote; therefore, the recommendation of the Local Planning Agency is to refer this proposal to the County Commission for their consideration and final decision.
Staffs’ recommendation was to approve the Large-Scale FLUM and text amendment CPA-00-138LS for transmission to the DCA and allow time for the amendment to be determined in compliance with state law, and not approve the zoning until October or November to give staff more time to outline the development plans for the commission.
Dale Polston, Polston Engineering, presented a power point presentation, addressing concerns heard from the public at the Zoning Board Public Hearing. The plan calls for 536 lots, an 18-hole golf course and other recreational facilities. It would also contain 60-foot right of way roads with curbs and gutters and drainage incorporated into the golf course. The wetlands on the northwest side will be protected from development by moving the lake front lots 100 feet back from the water’s edge. There will be no public docks. The lakefront area will have retention and drainage easements next to the wetland area. BOOK 18 PAGE 492
Jack Creek will remain untouched. The homes will have an estimated average tax value of $100,00 per home. Water supply will come from the system that runs down Cloverleaf Road, upgraded at company expense to handle the increased flow. If that system doesn’t work, they will develop their own. Golf course irrigation will be from existing wells that serve the grove. Landscaping would be xeric and native vegetation. Polston also plans for a wastewater treatment plant across Cloverleaf Road to serve the development. In the future, as the wastewater plant grows in capacity, it would help take over irrigation. As for entrances and exits, Polston suggests that a study be made of Lake June Road and Cloverleaf Road to see if a traffic signal would be needed. The Chair commended Mr. Polston for trying to eliminate concerns of the residents.
The Chair opened the floor for public input. Ray Myers and Stacy Myers stated concerns for traffic on Lake June Road and the sewage treatment plant. Mr. John Stahl spoke in opposition to the development. David Cortan, civil and an environmental engineer, stated concerns for the loss of two bald eagles nest and the entrance being placed on Cloverleaf Road. Mrs. Dianne Kurrigan, President of the Homeowners Assoc. stated that her phone has been ringing off with concerns regarding the development. Jerry Cullen, Camp Cloverleaf, spoke of the impact to the camp. John Williams (NRAC) stated that the development so far has no impact fees to help cover the cost of providing emergency medical services to as many as 1,200 people. Vaughen Whitesides listed problems associated with water treatment plants. Al Smith, homeowner, spoke in opposition. Buddy Rogers, developer of the “Cove,” Lonnie Wells and Pete McDevitt, developers of Lake June, spoke in favor of the development. Jean Warner spoke in favor. A letter was also entered into the record from Stanley P. and Mary E. Hitsche in opposition to the land use and zoning change. See SMB 37 Page73.
Recess 10:30 a.m. - 10:45 a.m.
The Board Attorney presented his recommendations on the 3 to 3-1 vote by the Planning and Zoning Board. Three members voted yes, three members voted no, and one abstained. He stated that there are two different items before the Commission. As to the Comp Plan Amendment, in the past this same issue came up. In performing research in one instance, there was no vote at all by the Planning and Zoning Board and it went forward to the County Commission and was adopted after all the public hearings had been held. The residents who were opposed to the amendment brought litigation to the courts system and the court ultimately upheld the action taken to approve the changes to the comprehensive plan. Likewise in the zoning matter, the public hearings were held and the members have given the Board of County Commission their recommendation.
Motion by Commissioner Bullard, seconded by Commissioner Gose, based on recommendation of staff, to move postponement of the zoning portion of the hearing until staff has had adequate time to review the submittals. Jim Polatty, Development Director, spoke in favor of the motion. The Chair asked for any input from the public on the motion. Ray Myers, Lake June Road, questioned how he will know when the new public hearing will be held. Staff advised that affected property owner will be notified. Upon roll call, all Commissioners voted aye. The motion carried. BOOK 18 PAGE 493
Motion by Commissioner Bullard, seconded by Commissioner Stokes, in accordance with staff recommendation, the Large-Scale plan amendment, CPA -00-135LS be transmitted to the Florida Department of Community Affairs for their review and comment and including into the record the mandatory findings in the staff report. Commissioner Maxcy presented questions regarding the line on the wetlands and the buffer on Camp Cloverleaf. Carl Cool discussed the grant the county will be getting for widening of Lake June Road and Lakeview Drive in Sebring. He stated that Lake June is on schedule to be widened - 11 foot lanes with a four-foot shoulder, wide enough for cycling. The work is part of the trails program and the package will come before the Board the third Tuesday in July. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING # CPA - 00-139SS - R. H. SCHLAPKOHL, TRUSTEE C/O PETE MCDEVITT Lots 1, 2, 3, 4, 5, and 6, Quail Cove Subdivision as recorded in P.B. 15, Pg. 49 of the Public Records of Highlands County, Florida. Requesting a Small-Scale Plan amendment from (Medium Density Residential) to (High Density Residential). The Local Planning Agency made a recommendation to the Board of County Commissioners to approve CPA - 00-139SS as presented including the mandatory findings in the staff report. The Chair opened the floor to the public. Pete McDevitt, representing the petitioner, was available for any questions.
Motion by Commissioner Stokes, seconded by Commissioner Gose, in accordance with the Local Planning Agency, to approve and adopt by Ordinance including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING # CPA - 00-140SS - BRIAN YACOBONI, NANCY YACOBONI, AND EDWARD A. SALVADORE, JR. Request 1 -Lots 30, 31, 32, Block 2, Section D, Highlands Park Estates, as recorded in P.B. 4, Pg. 86 of the Public Records of Highlands County, Florida. Request 2 - Lot 2, Block 2, Section D, Highlands Park Estates, as recorded in P.B. 4, Pg. 86 of the Public Records of Highlands County, Florida. Request 1 and 2 - Requesting a Small-Scale Plan amendment from (Medium Density Residential) to (Commercial). The Local Planning Agency made a recommendation to the Board of County Commissioners to approve CPA - 00-140SS as presented including the mandatory findings in the staff report.
HEARING # 1560 - BRIAN YACOBONI, NANCY YACOBONI, AND EDWARD A. SALVADORE, JR. Request 1 -Lots 30, 31, 32, Block 2, Section D, Highlands Park Estates, as recorded in P.B. 4, Pg. 86 of the Public Records of Highlands County, Florida. Request 2 - Lot 2, Block 2, Section D, Highlands Park Estates, as recorded in P.B. 4, Pg. 86 of the Public Records of Highlands County, Florida. Request 1 - Requesting a zoning change from B-2 (Limited Business district) to B-3 (Business district). The applicant desires all permitted uses in B-3. Request 2 - Requesting a zoning change BOOK 18 PAGE 494 from B-2 (Limited Business district) to B-3 CU (Business district with a Conditional Use). Applicant desires a parking lot. The Planning and Zoning Commission made a recommendation to the Board of County Commissioners to approve Hearing #1560, contingent upon approval from DCA of CPA - 00-140SS and including the mandatory findings in the staff report. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Gose, seconded by Commissioner Maxcy, in accordance with the Local Planning Agency, to approve and adopt by ordinance, and Resolution, contingent upon approval of CPA 00-137SS from DCA, and including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 23.
HEARING # CPA - 00-133LS - THE FOLLOWING ITEMS ARE COUNTY INITIATED FUTURE LAND USE AMENDMENTS:
SITE 1 - EDWARD & AUDREY Y. BALDRIDGE - The West 75 feet of the North ½ of Lots 6 & 7, Block 18, Town of Avon Park in Sec. 21, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from (High Density Residential) to (Medium Density Residential).
SITE 2 - EDWARD & AUDREY Y. BALDRIDGE - The North ½ of Lots 6 and 7 - Less the West 75 feet, Block 18, Town of Avon Park in Sec. 21, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from (High Density Residential) to (Medium Density Residential).
SITE 3 - BANDA CANDELARIO - The West 60 feet of the North 130 feet of Lot 8, Block 18, Town of Avon Park in Sec. 21, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from (High Density Residential) to (Medium Density Residential).
SITE 4 - KEMP DALLAS - The North 130 feet of Lot 8 - Less the West 60 feet, Block 18, Town of Avon Park in Sec. 21, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from (High Density Residential) to (Medium Density Residential).
SITE 5 - EDWARD & AUDREY YVONNE BALDRIDGE - The West 55 feet of the North 140 feet of Lot 9, Block 18, Town of Avon Park in Sec. 21, Twp. 33S, Rge. 28E, per O.R. 622 Pg. 912 of the Public Records of Highlands County, Florida. Changing the FLUM from (High Density Residential) to (Medium Density Residential).
SITE 6 - EDWARD & AUDREY BALDRIDGE - The East 65 feet of the North 140 feet of Lot 9 and the West 20 feet of the North 140 feet of Lot 10, Block 18, Town of Avon Park in Sec. 21, Twp. 33S, Rge. 28E, per O.R. 587, Pgs. 727 and 974, of the Public Records of Highlands County, Florida. Changing the FLUM from (High Density Residential) to (Medium Density Residential).
SITE 7 - SHERRI WEBER - The North 80 feet of the East 100 feet of Lot 10, Block 18, Town of Avon Park in Sec. 21, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from (High Density Residential) to (Medium Density Residential). BOOK 18 PAGE 495
SITE 8 - D J C & DONNIE O. MICHELL - The South 60 feet of the East 100 feet of the North 140 feet of Lot 10, Block 18, Town of Avon Park in Sec. 21, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from (High Density Residential) to (Medium Density Residential).
SITE 9 - LOYD F. & JUANITA W. TODD - Lots 1 and 2 - Less road right-of-way, Block 9, Town of Avon Park in Sec. 15, Twp. 33S, Rge. 28E, Highlands County, Florida. Containing approximately 19.1 acres. Changing the FLUM from (Medium Density Residential) to (General Agriculture).
SITE 10 - DAVID A. BOYERS TRUST & MARJORIE M. BOYERS TRUST - The East 200 feet of Lot 3 - Less the North 15 feet thereof, Block 8, Town of Avon Park in Sec. 15, Twp. 33S, Rge. 28E, per O.R. 797, Pgs. 229 and 231 of the Public Records of Highlands County, Florida. Containing approximately 2.98 acres. Changing the FLUM from (Medium Density Residential) to (General Agriculture).
SITE 11 - DAVID P. BOYERS - The East 200 feet of Lot 3 - Less the North 15 feet thereof, Block 8, Town of Avon Park in Sec. 15, Twp. 33S, Rge. 28E, per O.R. 797, Pg. 233, of the Public Records of Highlands County, Florida. Changing the FLUM from (Medium Density Residential) to (General Agriculture).
SITE 12 - ELTON C. CREWS TRUSTEE - Lot 4, Block 8, Town of Avon Park in Sec. 15, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from (Medium Density Residential) to (General Agriculture).
SITE 13 - ELTON C. CREWS TRUSTEE - All that part of Lots 11 - 12, Block 1 lying between Lake Lotela Drive and SR 17, in Sec. 25, Twp. 33S, Rge. 28E, Highlands County, Florida. Containing 12 acres and all of Blocks 1 and 2 - Less SR 8 and Less Lots 3 and 4, Block 2, East of SR 17 - Less subdivision, Lotela Gardens Replat as recorded in P.B. 3, Pg. 68 of the Public Records of Highlands County, Florida. Containing approximately 50.5 acres. Changing the FLUM from (Low Density Residential) to (General Agriculture).
SITE 14 - PINECREST ON LOTELA INC. - An irregular Tract in Section 25, Twp. 33S, Rge. 28E, of the Replat of Pinecrest Lakes as recorded in Plat Book 3, Page 118-118A and 118B, Highlands County, Florida. Containing approximately 13 acres. Changing the FLUM from (Low Density Residential) to (General Agriculture).
SITE 15 - LETTA BONNETT GROVES, INC. - Lots 1, 2, and 12, Block 2, Replat of Pinecrest Lakes, ETC, per Plat Book 3, Pages 118, 118A, and 118B of the Public Records of Highlands County, Florida. Containing approximately 3.44 acres. AND All of Block 1 and ½ contiguous closed road, a Replat of Pinecrest Lakes ETC. per Plat Book 3, Pages 118, 118A, and 118b of the Public Records of Highlands County, Florida. Containing approximately 12.86 acres. Changing the FLUM from (Low Density Residential) to (General Agriculture). BOOK 18 PAGE 496
SITE 16 - ELTON C. CREWS TRUSTEE - A portion of Lots 1 and 2, Block 4, in Sec. 25, Twp. 33S, Rge. 28E, Fully described in O.R. 352, Page 527 of the Public Records of Highlands County, Florida. Containing approximately 4.25 acres. Changing the FLUM from (Low Density Residential) to (General Agriculture).
SITE 17 - CHARLES V. & DERHETA LANIER - A 13-acre Tract being a part of Lots 10, 11, 14, and 15, Block 1 and that part of Lot 2, Block 4, lying South of SR 17 South, in Sec. 25, Twp. 33S, Rge. 28E, Highlands County, Florida. Changing the FLUM from (Low Density Residential) to (General Agriculture).
SITE 18 - R. D. & HELEN K. YOUNG - The West ½ of Lot 2, Block 4, Less the South 140 feet - Less road right/of/ways in Sec. 23, Twp. 33S, Rge. 28E, Highlands County Florida. Containing approximately 3.38 acres. Changing the FLUM from (Medium Density Residential) to (General Agriculture).
SITE 19 - ROBERT E. GREENE, TRUSTEE - Lot 1 and the East ½ of Lot 2, Block 4, Less the 250 feet by 235 feet tract in the North East corner of Lot 1, Less road right/of/ways in Sec. 23, Twp. 33S, Rge. 28E, Highlands County, Florida. Containing approximately 12.02 acres. Changing the FLUM from (Medium Density Residential) to (General Agriculture). The Local Planning Agency made a recommendation to the Board of County Commissioners to approve CPA - 00-133LS including the mandatory findings in the staff report.
Commissioner Bullard questioned whether the City of Avon Park has been contacted. Mr. Polatty advised that he has spoken with the City Manager. The chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, in accordance with the Local Planning Agency, to approve the Large-Scale plan amendment and transmit to the Florida Department of Community Affairs, after entering into the record the mandatory findings in the staff report.
5. Public hearing to consider a resolution regarding Orange Blossom Unit 12 Proof of publication entered into the record. See SMB 37 Page 74. Treasa Handley, Assessment Coordinator, advised that 47 letters were mailed out to property owners. 36 ballots were received back. The county owns one of the ballots, which was unmarked. Seven “no” votes and 28 “yes” votes were received back. 26 of the yes votes were from the petitioner, Walz and Company. Two additional”yes” votes were received after the deadline. Carl Cool, County Administrator presented the petition for the Board to consider a resolution to increase the assessment rate to $705.00 per year for the next 13 years to facilitate the unanticipated cost of fire hydrants and drainage in the district. The environmental permitting and the design have been done for the paving of the road. The road is ready to be constructed. The County has gone out to bid and received three bids. The amount of the money to build the road is based on a loan that is secured. The money is in the bank. When the bids came in, they were higher than the amount of money left over from the other costs. Bill Stephenson negotiated with the low bidder and reduced the project cost from $245,263.00 to $226, 242.00. The Walzs have agreed to donate their lots for retention. Due to the fact that four lots of the forty-seven lots in the BOOK 18 PAGE 497
District are to be used as retention areas, the District would have to pay the assessment of $2,420.00 for the lots for the duration of the loan period which is 13 more years. Also, the Highlands County Land Development Regulations requires when lines are installed in a project then fire hydrants must also be installed. Three hydrants would be required with a yearly maintenance fee of $1,305. 00. These unanticipated costs resulted in the necessity to ask the Board to increase the assessment by $100.00, bringing the assessment up to $705.00 per year for the next 13 years and approximately $30.00 per year thereafter.
The Chair opened the floor to the public. Patricia Gravett spoke in opposition to the change. Two letters were entered into the record in opposition from neighbors. Doug Walz, developer, explained the site plan and spoke in favor of the assessment. Commissioner Maxcy suggested that the three property owners be exempted out of the increase of assessment. Ross Macbeth advised, according to statutes, it would have to be determined that the person did not receive a benefit, and it would be very difficult to find that the three people living on the road are not benefitting with the road being paved. Commissioner Bullard recommended that the exemption for the three homes could be derived from the fact that they were required to drill a well for their water supply. Carl Cool stated that to remove the three homes from the exemption, would cause an increase in the assessment, and staff has not advertised that increase. Doug Walz agreed that his company would be responsible for the increase for the three property owners for the next three years. Carl Cool stated that the offer will be between the property owners and Walz Company, as the property owners will still be liable for the assessment. Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt the Resolution and approve the increase in the assessment, and if this does not go through, then the assessment goes back to zero. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 24.
Motion by Commissioner Gose, seconded by Commissioner Stokes, to approve agreements with the Property Appraiser and Tax Collector for the administration of the contracts. Upon roll call, all Commissioners voted aye. Motion carried.
6. Public hearing to consider easement vacation - Spring Lake Village VIII Petition and Proof of Publication entered into the record for the vacation of a utility and drainage easement lying along the South side of Lot 9 and the North side of lots 11 and 12, Block G. Spring Lake Village VIII. See SMB 37 Page 75. The Chair opened the floor to the public No one spoke for or against the vacation. Motion by Commissioner Stokes, seconded by Commissioner Bullard, to approve the vacation of easement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 25.
7. Public hearing to consider a resolution regarding Vantage Pointe II Proof of Publication for the Public Hearing entered into the record by Treasa Handley, Assessment Coordinator. See SMB 37 Page 76. The County Administrator read the Resolution into the record stating the purpose of the Public Hearing is to adopt a Resolution authorizing the Board of Supervisors of the Vantage Pointe II Special Benefit District to use the uniform ad valorem method of collecting non-ad valorem assessments for the purpose of providing for borrowing capabilities; ownership and disposition of property; flood and erosion control; reclamation; irrigation; nuisances; street lighting; BOOK 18 PAGE 498 issuance of bonds and revenue certificates; and such other purposes as may be appropriate within the district. This Resolution will ensure that the road improvements proceed. The Chair opened the floor to the public. Cliff Ables, representing the Cigna Mortgage Company, stated that his client does intend to complete the road and drainage system in the district. Dick Vanderlaan, owner of property in the district, stated that the number one problem in the district is the drainage, and the roads are the second. He thanked the Board for their help.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt Resolution as stated, and enter into the contracts with the Property Appraiser and the Tax Collector for the administration. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 26.
8. Public hearing to consider lien, Code Enforcement case #SHC 0004-0001 Proof of Publication and Petition entered into the record by Eddie Conklin, Code Enforcement Officer. See SMB 37 Page 77. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Stokes, seconded by Commissioner Gose, to approve Notice of Lien for 110 Bethune Street, Lake Placid, Florida for Lots 6 and 7, Block E, South addition to Highway Park. Upon roll call, all Commissioners voted aye. Motion carried.
9. Public hearing to consider lien, Code Enforcement case #SHC 0004-0004 Proof of Publication and Petition entered into the record by Eddie Conklin, Code Enforcement Officer. See SMB 37 Page 77. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve Notice of Lien on Lot 6, Block C, South Addition to Highway Park. Upon roll call, all Commissioners voted aye. Motion carried.
10. Public hearing to consider an ordinance regarding solid waste management Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 91. Captions of the ordinance were read into the record by the County Administrator. Ross Macbeth explained that the ordinance is amending the solid waste ordinance to provide for changes to Section 2, addressing the covered tops of vehicles, Section 3, written agreements, Section 4, Transportation, Section 5, commercial waste, Section 6, rate adjustment procedures, Section 7, hazardous waste or bio- hazardous waste. Treasa Handley, Assessment Coordinator, advised that both franchise haulers have been given a copy of the revised ordinance and they are in agreement with it. Commissioner Bullard suggested that staff consider purchasing software that will allow draft ordinances to be developed in legislative format. He also recommended that a change be made to Section 5, Page 2 to read: The owners of a licensed business physically located on residential property may be required to have a commercial contract for pick up of all waste generated by the business. Motion by Commissioner Stokes, seconded by Commissioner Gose, to adopt ordinance with changes as stated. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
11. ACTION: A. Approval to pay all duly authorized employee benefits BOOK 18 PAGE 499
Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve payment of duly authorized employee benefits in the amount of $72,516.19. Upon roll call, all Commissioners voted aye. Motion carried.
B. Approval to execute resolution extending local state of emergency Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt Resolution extending the local state of emergency. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 27.
C. Approval of Commodity Food Contract amendment Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve the contract amendment by $3,000, and increase the Commodity Food Contract to $17,000. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 37 Page 78.
12. ADJOURN The meeting adjourned at 12:50 p.m. ______Chairperson
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, JULY 25, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Mike Eastman C Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham James L Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Chairman David Flowers. The Pledge of Allegiance was also led by the Chair.
3. ANNOUNCEMENTS: Upcoming County meetings: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. The Chair passed out to the Commission, evaluation forms for the County Administrator, and asked that they be completed before next weeks’ regular business meeting in order that direction can be given to Mr. Cool for the upcoming year.
4. C. Michael Eastman - GASB 34 Mr. Cool handed out GASB 34, relating to the new reporting model that will go into effect in two years. Mr. Eastman explained that the Government Accounting Standards Board has been working on this standard for a number of years, and this will be the most significant change in the history of governmental accounting. We will still use Fund Accounting, with the modified accrual. In addition we will have government entity wide financial statements, using the accrual method of accounting. We will also be setting up and depreciating infrastructure. The financial statements will look different, but once we get used to them, they will be a better tool to manage our County. Highlands County is considered a medium size county. The implementation date is for fiscal year ending September 30, 2003.
5. Mickey Rosado, Bureau of the Census: Presentation to Highlands County Mickey Rosado, representing the Bureau of the Census, gave a presentation to the Commission on the Complete Committee count. He recognized Commissioner Bullard with a plaque for his work on the Census Bureau. A report on the population should arrive the latter part of November on the general population and the breakdown will be available by April 2001.
6. Public hearings to consider proposed zoning changes and small-scale plan amendment Jim Polatty, Development Services Director, presented petitions and proof of publications into the record. See Proof of Pub Ord. Book 2 Page 92.
HEARING CPA - 00-142SS - MARGURITE NIXON MURRAY C/O JOHN BORGEMEISTER Approximately .57 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a small-scale plan amendment from (Low Density Residential) to (Commercial). The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of CPA - BOOK 18 PAGE 518
00-142SS. HEARING #1563 - MARGURITE NIXON MURRAY C/O JOHN BORGEMEISTER Approximately .57 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from EU (Estate district) to B-3 (Business district). Applicant desires to widen driveway to commercial development on adjacent property. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval of Hearing Number P&Z 1563, contingent upon approval from DCA of CPA - 00-142SS and including the mandatory findings in the staff report. No letters were received for or against the zoning. There was one person that spoke in opposition at the Zoning Hearing.
John Borgemeister, representing the applicant, stated that this project is to enlarge an existing 40-foot entrance, and make it safer for customers of the Home Depot project. Commissioner Guy Maxcy stated concern that the road would open the area to the west and south to the development. Mr. Borgemeister stated that his client is not doing anything to enhance the adjacent property. We are just trying to make the entrance safer. The site plan calls for at least one other entrance from U.S. 27 with a median cut and even a possible third entrance. Motion by Commissioner Stokes, seconded by Commissioner Gose, in accordance with the Local Planning Agency, to approve and adopt by Ordinance and Resolution, approving Hearing #1563, contingent upon approval of CPA - 00-142SS from DCA including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 36.
HEARING CPA - 00-143SS - BEN HILL GRIFFIN III C/O GARY C. DENNING Approximately 1 acre located in Sec. 7, Twp. 34S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from (Agriculture) to (Commercial). The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of CPA -00-143SS. HEARING 1564 - BEN HILL GRIFFIN III C/O GARY C. DENNING Approximately 1 acre located in Sec. 7, Twp. 34S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-1 (Neighborhood Business district). Applicant desires a small retail establishment. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval of Hearing Number P&Z 1564, contingent upon approval from DCA of CPA -00-143SS and including the mandatory findings in the staff report. There were no letters received for or against the proposal, and no one spoke at the hearing.
Gary Denning, Sales Marketing Director for Highlands Ridge, presented the request to the Commission to build a 1,000 sq. foot Welcome Center at SR 17 and Maxcy Groves Road, across from Powerline Road. The center will also be a sales outlet for arts and crafts made by residents of Highlands Ridge. Commissioner Stokes questioned if a deceleration lane will be required at the intersection. Ramon Gavarrete, County Engineer advised that the applicant has not submitted plans to the Engineering Department, but at that time plans will be reviewed, and if necessary, it will be required. Commissioner Maxcy stated a conflict in voting on this issue, as Highlands Ridge is a client of his corporation. Commissioner Gose requested that B-1 CU be approved and exclude all other uses, allowed in the commercial zoning category and eliminate the concern that this is spot zoning. Commissioner Bullard questioned if readvertisement was necessary for the conditional use change. The Board Attorney advised that the B-1 CU was a more limited use and the Board can make that change without readvertising. Motion by Commissioner Gose, seconded by Commissioner Stokes, to grant zoning at B-1 CU (with a welcome center sign and the ability to sell arts and crafts only) and adopt by Ordinance and Resolution, contingent upon approval of CPA - 00-143SS from DCA and including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye except Commissioner BOOK 18 PAGE 519
Maxcy, who abstained, and entered into the record a voting conflict, to become a part of the minutes. See SMB 37 Page 103, and Res. Book 14 Page 37.
HEARING CPA - 00-141SS - DAN BARR C/O RICK WHIDDEN Lots 24 thru 33, Block 1, Placid Lakes Section 19 per P.B. 9, Pg. 14, of the Public Records of Highlands County, Florida. Requesting a small-scale plan amendment from (Medium Density Residential) to (Agriculture). The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of CPA - 00-141SS. HEARING # 1561- DAN BARR C/O RICK WHIDDEN Lots 24 thru 33, Block 1, Placid Lakes Section 19 per P.B. 9, Pg. 14, of the Public Records of Highlands County, Florida. Requesting a zoning change from R-1A (Residential district) to AU (Agricultural). Applicant desires to expand use of T-hangars. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval of Hearing Number P&Z 1561, contingent upon approval from DCA of CPA - 141SS and including the mandatory findings in staff report. No one spoke for or against the hearing.
Rick Whidden, representing petitioner, Dan Barr, presented the request to allow construction of 30-32 more T-hangars. Motion by Commissioner Maxcy, seconded by Commissioner Gose, in accordance with the Local Planning Agency, to approve and adopt by Ordinance and Resolution contingent upon approval of CPA - 00-141SS from DCA and including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 38.
7. Public hearing to consider vacation of easement - Sylvan Shores Ramon Gavarrete, County Engineer, presented the Proof of Publication and Petition into the record. See SMB 37 Page 104. Motion by Commissioner Gose, seconded by Commissioner Bullard, to adopt Resolution to vacate the utility and drainage easement described as the Southeasterly 10.00 feet of Lot 8, Block 14 of Sylvan Shores and an easement being described as the Northwesterly 10.00 feet of the Southwesterly 115.00 feet of Lot 7, Block 14 of Sylvan Shores. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 39.
8. Public hearing for road closing - Lake June Vista Ramon Gavarrete, County Engineer, presented the Proof of Publication and Petition into the record. See SMB 37 Page 105. There was no objection to the road closing. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt Easement and Resolution closing a portion of Lake June Vista, described as a certain road traversing Lots 6, 21, and 22, Block 3 from SW Vista Drive to U.S. Highway 27 South. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 40.
9. Public hearing to consider purchase of lots in Highlands Park Estates Bill Stephenson, Special Projects Director, presented Proof of Publication into the record. See SMB 37 Page106. Mr. Stephenson reported that this hearing is being held to consider purchase of two lots adjacent to the Rutledge Road boat ramp in Highlands Park Estates. These lots are needed for parking area. The two lots corner on the canal and lake and the cost is listed at $25,000. The Property Appraiser’s listed value is $17,250. Commissioner Bullard asked if a determination has been made if there is sufficient useable land to meet the needs for what we want to do. Carl Cool noted that we will have to work with the Game Commission to mitigate these lots as we are working with the tussock removal and adding fill to the wetland BOOK 18 PAGE 520 area.
Motion by Commissioner Stokes, seconded by Commissioner Bullard, to purchase the two lake front lots on Lake Istokpoga, known as Lots 10 & 11 Block 18, section J in Highlands Park Estates for $25,000 net to the seller. Upon roll call, all Commissioners voted aye. Motion carried. See Deed file for copy.
10. Dorn Whitmore, US Fish & Wildlife Service: Federal conservation lands Dorn Whitmore, US Fish & Wildlife Service, addressed the Board regarding Federal conservation lands. He presented a Revenue Sharing check in the amount of $12,335.00 for lands that the Fish & Wildlife Service owns in Highlands County. The funds are given to the County in lieu of taxes for lands that have been taken off of the tax roll. The money given to the County is based upon the amount of acres, the value of the property, and how much is in the revenue sharing for that year.
11. Ralph Cellon - Mortgage Revenue Bonds Mr. Cellon advised that he will be on the agenda for August15, 2000 to discuss mortgage revenue bonds with Highlands County. No action was taken.
12. ACTION: Approval to pay all duly authorized employee benefits Motion by Commissioner Gose, seconded by Commissioner Stokes, to approve the Action agenda and payment of employee benefits in the amount of $ 20,754.07. Upon roll call, all Commissioners voted aye. Motion carried.
13. ADJOURN The meeting adjourned at 10:20 a.m. ______Chairperson Attest: ______Clerk ********************************************************************************** BOOK 18 PAGE 535
PUBLIC HEARING OF THE BOARD, AUGUST 22, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Bob Jamison C Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham James L Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bullard, followed by the Pledge of Allegiance.
3. ANNOUNCEMENTS: A. Sheriff Lt. Benton presented the daily jail log of inmate count for the period ending August 22, 2000.
B. Clerk No report presented.
C. Upcoming County meetings: The County Administrator read the reported meetings into the record. Additional meetings were announced for the benefit of the public. Carl Cool also gave a report on the approaching Hurricane Debby.
Chairman Flowers outlined the rules for the Public Hearings. The petitions will be read into the record with staff and presentor recommendations. At that time a motion will be placed on the floor by the Commission. The Hearing will then be opened for public input. The Chair hopes this order will facilitate a more streamlined process.
4. Public hearing to consider zoning changes and small scale plan amendment Petitions and Proof of Publications entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ord. Book 2 Page 92.
Public hearing to consider large scale plan amendment and rezones HEARING # CPA -00-144SS - MOHEIDIN HANAFI An approximate .87 acre tract located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from (Agriculture) to (Commercial).
HEARING # 1566 - MOHEIDIN HANAFI An approximate .87 acre tract located in Sec. 22, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from AU (Agriculture) to B-3 (Business district). Applicant desires an BOOK 18 PAGE 536 office and shop. The Local Planning Agency and the Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval of CPA - 00-144SS and P&Z 1566 including the mandatory findings in the staff report and the zoning change to be contingent upon approval from DCA of the small-scale plan amendment. There were no letters received for or against.
Motion by Commissioner Gose, seconded by Commissioner Maxcy, in accordance with the Local Planning Agency to approve and adopt CPA - 00-144SS by Ordinance and Resolution, approving Hearing #1566, contingent upon approval of CPA - 00-144SS from DCA and including the mandatory findings in the staff report. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 45.
HEARING #1567 - DAVIS ENTERPRISES, INC. C/O JOE L. DAVIS JR. Approximately 8.81 acres located in Sec.3, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from B-3 (Business district) to B-4 (Business district). Applicant desires the following uses: crating, packing, shipping service, including fruit packing and shipping, distribution service, packing, and delivery. No letters were received for or against.
Motion by Commissioner Maxcy, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission, to approve and adopt Hearing #1567 by resolution including the mandatory findings in the staff report. The Chair opened the floor to the public. Commissioner Bullard presented questions regarding a buffer for the site. Gary Lower advised that the building is being leased to a caladium grower and the building will be used for packing and shipping. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 46.
(Wolf Creek Partners and Sebring Group Limited) HEARING # CPA - 99-127LS - ESTATE OF C. D. CLINE AND DAYTON - GRAINGER CORP. C/O WOLF CREEK PARTNERS, JIM WELLS Approximately 638 acres located in Sec. 20, Twp. 35S, Rge. 29E, Highlands County Florida. Requesting a large scale plan amendment from “General Agriculture” to “Low Density Residential.” Applicant desires to construct a golf course and residential subdivision. HEARING #1565 - ESTATE OF C. D. CLINE AND DAYTON-GRAINGER CORP. C/O WOLF CREEK PARTNERS - A/K/A OSPREY LAKES Approximately 638 acres located in Sec. 20, Twp. 35S, Rge. 29E, Highlands County Florida. Requesting a zoning change from AU (Agricultural) to EU PD (Estate district with a Planned Development district). Applicant desires to construct a golf course and residential subdivision and approval of an Ordinance (Development Order) implementing the Wolf Creek Planned Development District. Explanation of agenda item attachments: presented by Jim Polatty. The Development Order for the proposed Wolf Creek Development is recommended for approval by staff. After lengthy analysis, the conditions of development approval should be adequate to address impacts to the County’s resources and infrastructure due to the amount of development to be approved. BOOK 18 PAGE 537
The Development Order includes conditions that were reviewed by the Planning & Zoning Board on August 8, 2000, incorporating staff recommendations reviewed by P&Z in memos from the Planning Department (August 1, 2000/Revised August 3, 2000) and from the Engineering Department (August 8, 2000.) Staff also corrected typographical errors and edited for clarity without changing substantive meaning (some pointed out by NRAC & P&Z).
Recommendations from the P&Z and NRAC are not included in the text of the DO, and their recommendations can be found in the respective P&Z memo printed on blue paper and NRAC memo printed on green paper. See SMB 37 Page 135 for copy.
The Development Services Director read the captions of the ordinance amending the Future Land Use Map and the ordinance creating a Development Order to implement the Wolf Creek Planned Development into the record. Also, presented into the record was the traffic studies and the revised site plan. Ramon Gavarrete presented recommendations for off-site improvements. There were 29 letters received for and 35 letters received against the requests.
Mr. Jack Brandon, Peterson Myers Law Firm and Mr. Richard Wohlfarth, Engineer for the project presented the petition. Mr. Wohlfarth stated than more than 50 percent of the property will be open space. There will be buffers around lakes Ruth and Charlotte, with the amount of storm water runoff going into those lakes being reduced The Commission was advised that all the lots will be maintained by the Association and not by the individual owners, to eliminate the problem of drainage in the lake. He said that the development will generate an estimated 153 school-age children at build-out, in 12 years. There currently is enough capacity in elementary school and high school serving the Sparta Road area to accommodate those numbers. A sidewalk will be built along Sparta Road for kids walking to nearby Cracker Trail Elementary School.
The Commission discussed the Wolf Creek Development order and implemented changes as listed: • Page 2 - Paragraph 2 - add revised staff recommendation. • Page 4 - Sec. 2 Paragraph H - related to Archaeological Clearance- P&Z recommended deleting the condition, but the Board kept it in because the applicant had already done the archaeological survey. • Page 6 - Sec. 3 Paragraph Q - related to Archaeological Clearance - Planning and Zoning recommended changing. Consensus of the Board not to change. P&Z recommended deleting the condition but the Board kept it in because the applicant had already done the archaeological survey. • Page 7 - Sec. 5 - Paragraph A - recommendations by Ross Macbeth at request of Developer. Change wording to reflect any condition not specific in development order, subject to County existing Codes. • Page 8 - Sec. 5 - Paragraph G - recommendation of Commissioner Bullard in respect to Landscape Buffer around Wastewater Treatment Plant. • Page 9 - Paragraph J., Board incorporated staff recommendations. • Section 7 - Paragraph F. and G. - Transportation improvements- revised with respect to the amounts required per the County Engineer’s memo. See SMB 37 Page 136. Staff also changed typo errors. • Page 17 - Sec. 8 Paragraph E. with respect to Water and Wastewater Facilities, add language BOOK 18 PAGE 538
proposed by Carl Cool. With respect to Planning & Zoning recommendation delete condition. NRAC recommendations were more stringent. Remove Glades Electric specific, and change wording to apply to any owner of the system. • Page 17 - Sec. 9 -Paragraph D. Planning & Zoning recommended removal. The Board left in. • Page 18 - Sec.12 - Paragraph A. Add language “upon reasonable notice to the developer.”
See SMB 37 Page 137 for detail.
Motion by Commissioner Bullard, seconded by Commissioner Gose, to approve by ordinance the Comprehensive Plan FLUM amendment from "Agriculture" designation to "Low Density Residential," and the staffs’ recommended Development Order, including the mandatory findings in the staff report, and to adopt by ordinance the Wolf Creek Planned Development Zoning District rezoning with noted changes by staff and Board. The Chair opened the floor to the public. John Williams and Hank Kowalski presented prepared statements in opposition. Mike Swaine, representing Tim and Martile Blackman, spoke in opposition. Claude D. Boring, Charles Swank, Don Polston of Hughes Supply, and Dorothy Reed spoke in favor. Curtis DeYoung, NRAC spoke in disagreement with the Board motion on the wastewater language. Larry Pinnock, vice-president of Leducia Corporation, extended support for the project. Gabriel Read spoke regarding the Wastewater Treatment Plant. John Tallent explained the Planning & Zoning recommendations. A letter was entered into the record from J&J Parker Enterprises in favor of the project. See SMB 37 Page 134. Petitions entered into the record in favor of the project. See SMB 37 Page 138. Upon roll call, all Commissioners voted aye. Motion carried.
Break 1:00 - 1:15 p.m.
HEARING # CPA - 99 - 129LS - SEBRING GROUP LTD. C/O JEFFREY R. KENNEDY Approximately 616 acres located in Secs. 16, 20, and 21, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a large scale plan amendment from “General Agriculture” to “Low Density Residential.” Applicant desires golf course, single and multi-family residential and commercial land for neighborhood use.
HEARING 1562 - SEBRING GROUP LTD C/O RICK WHIDDEN - A/K/A VIZCAYA LAKES Approximately 616 acres located in Secs. 16, 20, 21, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from R-1 (Residential district), R-3 (Multiple Dwelling district), AU (Agricultural), and B-3 (Business district) to EU PD (Estate district with a Planned Development district). Applicant desires to construct a golf course and residential development and approval of an Ordinance (Development Order) implementing the Vizcaya Lakes Planned Development District. (Background material also contained in agenda item #14).
Jim Polatty, Development Services Director read into the record the Environmental Impact Report, the various staff reports, Planning & Zoning recommendations, and the Site Plan. He also read into the record the Captions of the Ordinance. BOOK 18 PAGE 539
Rick Whidden, presented a brief presentation on the development. Jeff Kennedy explained the tunnel construction.
Explanation of agenda item attachments: The Development Order for the proposed Vizcaya Lakes Development is recommended for approval by staff. After lengthy analysis and negotiations, the conditions of development approval should be adequate to address impacts to the County’s resources and infrastructure due to the amount of development to be approved. The Development Order includes conditions that were reviewed by the Planning & Zoning Board on August 8, 2000, incorporating staff recommendations reviewed by P&Z in memos from the Planning Department (August 1, 2000/Revised August 3, 2000) and from the Engineering Department (August 8, 2000.) Staff also corrected typographical errors and edited for clarity without changing substantive meaning (some pointed out by NRAC and P&Z).
The Commission discussed the Vizcaya Lakes Development and implemented the following changes along with Planning and Zoning and NRCA recommendation as follows: • Sec. 2 - Paragraph I and Sec. 3 Paragraph Q - related to Archaeological Clearance - P&Z recommended removing. Commission left language in. • Sec. 5- Paragraph A. - recommendations by Ross Macbeth, with respect as development is controlled by existing LDRs, if not specifically addressed in this Development order. • Sec. 5 - Paragraph G -Commissioner Bullard recommendation for Landscape buffer around Wastewater Treatment Plant. • Sec. 7 - Paragraph F&G - Transportation - revised amounts for improvements, per Ramon Gavarrete. • Page 7 - Sec. 5 Paragraph B - Problem with site development plan showed commercial. Develop a new map, change date of conceptual site development plan to August 22, 2000. • Sec. 8 - Paragraph E and F, in respect to Central Water and Wastewater Treatment Facilities. Board adopted staff recommendations with some changes. • Page 9 - Sec. 5 Paragraph J. same changes as Wolf Creek to clarify meaning. • Sec. 9 - Paragraph D - Planning & Zoning recommended deleting. The Board left language in. • Add Sec. 12 - Paragraph A - “Upon reasonable notice to developer.”
See SMB 37 Page 139 for copy of changes.
Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve by ordinance the Comprehensive Plan FLUM amendment from "Agriculture" designation to "Low Density Residential," and the staffs recommended Development Order, Vizcaya Lakes Country Club Planned Development Order, including the mandatory findings in the staff report, with changes established in the Wolf Creek Development order. The Chair opened the floor to the public. Hank Kowalski objected to public participation after the motion was made. Upon roll call, all Commissioners voted aye. Motion carried.
5. Public hearing to consider large scale plan amendments CPA-99-116LS; Individual Amendments Triggered by the County’s Inconsistency Remedial Program This proposed FLUM amendment is part of the Spring, 2000, Large Scale Plan Amendment, which the County transmitted to the Florida Department of Community Affairs (DCA) for their review. The DCA BOOK 18 PAGE 540 reviewed amendment CPA-99-116LS, along with other transmitted amendments and issued their Objections, Recommendations and Comments (ORC) Report (DCA No. 00-1ER). This amendment (CPA-99-116LS) received no objections and therefore will require no revisions prior to adoption. Jim Polatty read the captions of the ordinance into the record.
Motion by Commissioner Bullard, seconded by Commissioner Gose, to approve large scale Plan amendment CPA-99-116LS for adoption. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 37 Page 140.
6. CPA-99-131LS; 3rd and Last Round of EAR-Based Amendments This proposed FLUM amendment is part of the Spring, 2000, Large Scale Plan Amendment, which the County transmitted to the Florida Department of Community Affairs (DCA) for their review. The DCA reviewed amendment CPA-99-131LS, along with other transmitted amendments and issued their Objections, Recommendations and Comments (ORC) Report (DCA No. 00-1ER) on May 10, 2000. This amendment (CPA-99-131LS) received several objections and therefore required revisions prior to adoption. Mr. Polatty read the captions of the ordinance into the record and pointed out the changes. See SMB Book 37 Page 41 for copy of these changes. Lew Carter explained the recommendation of P&Z and NRAC on the impact fees. Motion by Commissioner Gose, seconded by Commissioner Bullard, to approve large scale Plan amendment CPA-99-131LS for adoption with the Ear-Based amendments and impact fees to be incorporated into the ordinance. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 37 Page 141.
7. Public hearing to consider vacation of easement - Orange Blossom Estates Proof of Publication entered into the record by Kim Motsinger, Public Works Coordinator, for the vacation of an easement in Orange Blossom Estates, Unit 7, Block 1, Lots 3, 4 and 5. See SMB 37 Page 142. Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt Resolution to vacate the utility and drainage easement as follows: The Westerly ten feet of the North 145 feet of Lot 5; the Easterly ten feet of the North 145 feet of Lot 4; the Westerly ten feet of the North 145 feet of Lot 4; the Easterly ten feet of the North 145 feet of Lot 3: all being in Block 1, Orange Blossom Estates Unit 7. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 46.
8. Public hearing to consider vacation of easement - Gresham Heights Subdivision Proof of Publication entered into the record by Kim Motsinger, Public Works Coordinator, for the vacation of the utility and drainage easement. See SMB 37 Page 143. Motion by Commissioner Stokes, seconded by Commissioner Maxcy, to adopt the Resolution to vacate the easement as follows: The Southerly ten feet of Lot 4 less the Westerly twenty feet and the Northerly ten feet of Lot 3 less the Westerly ten feet, all being in Gresham Heights Subdivision for Robert B. and Roberta Jo Moody, represented by Rick Whidden. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 47.
9. Public hearing to consider an ordinance regarding insurance for solid waste haulers Petition and Proof of Publication entered into the record by Carl Cool, County Administrator. See Proof of Pub. Ord. Book 2 Page 93. Motion by Commissioner Bullard, seconded by Commissioner Stokes, to BOOK 18 PAGE 541 adopt ordinance providing for insurance requirements for Solid Waste Haulers. The Resolution establishing the fees to be placed on the Action Agenda. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
10. Public hearing to consider an ordinance regarding Highlands Park Estates Special Benefit District Petition and Proof of Publication entered into the record by Ross Macbeth. See Proof of Pub Ord. Book 2 Page 94. Bill Stephenson, Special Projects Director, reported that Mrs. Jan Smart was requesting the assessment for roads in the District. Motion by Commissioner Maxcy, seconded by Commissioner Bullard, to adopt ordinance establishing Highlands Park Estates Special Benefit District to facilitate improvements to the District. Upon roll call, all Commissioners voted aye. Motion carried.
11. Public hearing to consider purchase of property in Placid Lakes, with resolution and budget amendment Item to be heard under Special Tax Districts.
12. Public hearing to consider purchase of Falconer property Proof of Publication entered into the record. See SMB 37 Page 143. Bill Stephenson presented a request to purchase the Falconer Property located at the corner of Orange Street and Rose Avenue. The property is valued at $ 41,328.00 and the property will be needed for the new Jail Addition parking. Motion by Commissioner Gose, seconded by Commissioner Stokes, to approve purchase of the Falconer Property in the amount of $17,000.00 net. Upon roll call, all Commissioners voted aye. Motion carried.
13. Public hearing to consider purchase of Hagel property Proof of Publication entered into the record. See SMB 37 Page 144. Bill Stephenson presented the request to purchase the Hagel Property needed for future parking for the Government Center. The property was appraised at $17,400.00 in 1994. Motion by Commissioner Stokes, seconded by Commissioner Gose, to approve purchase of the Hagel Property in the amount of $25,000.00. Upon roll call, all Commissioners voted aye. Motion carried.
14. Highlands County Watershed video Clell Ford presented a short video on the Highlands County Watershed. The Commission suggested that the video be used to educate the citizens of the county regarding the lakes in the county.
15. Action agenda Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve the Acton Agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.
16. Approval to pay all duly authorized employee benefits 8/22/00 and 8/29/00 Motion by Commissioner Gose, seconded by Commissioner Maxcy, to approve payment of employee benefits for August 22, 2000 in the amount of $184,734.25, and also approve county benefits for the week of 8/29/00 in the amount of $20,501.28. Upon roll call, all Commissioners voted aye. Motion carried.
4. Resolution on Solid Waste Haulers BOOK 18 PAGE 542
Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt Resolution, adopting insurance requirements for the Solid Waste Haulers and Resolution providing for exemption fees. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 47.
5. Request to move $500.00 from the Sheriff’s Special Law Enforcement Trust Fund Motion by Commissioner Maxcy, seconded by Commissioner Bullard to move $500.00 from the Special Law Enforcement Trust Fund to support the crime prevention efforts of the Jimmy Rice Center. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 37 Page 145.
19. Public hearing to consider fee schedule for Development Agreements Petition entered into the record by the Fred Myers, Engineer Department. Fred presented a request for the adoption of a Resolution, establishing a fee schedule entitled “Exhibit A” for the review of Development Agreements that result from Planned Developments, including Developments of Regional impact. Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt Resolution amending the applicable fee schedule entitled “Exhibit A.” The Board discussed the schedule of fees and asked that a new list be established showing the current fees, along with the proposed fees for adoption. Commissioner Maxcy withdrew his motion and Commissioner Gose withdrew his second. Staff will bring a new list to the Board for approval.
20. Amendment to the ADP Professional Services Agreement-Emergency Medical Services Motion by Commissioner Stokes, seconded by Commissioner Gose, to approve an amendment to the Service Agreement with ADP to work the aged bills from Sky Management at a rate of 14%, and not change any of the other scope of the contract. Upon roll call, all Commissioners voted aye. The motion carried.
21. Board Attorney - request for Executive Session The Board gave a consensus to Ross Macbeth to hold an Executive Session on September 5, 2000 at 9:10 a.m. regarding Cs. GC-0032- Highlands County V. Chatterpauls in Circuit Court, condemnation action.
18. ADJOURN The meeting adjourned at 2:45 p.m. ______Chairperson
Attest: ______Clerk
********************************************************************************** BOOK 18 PAGE 567
PUBLIC HEARING OF THE BOARD, SEPTEMBER 26, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida with the following members present:
David Flowers Mike Eastman C. Guy Maxcy Carl Cool Edgar E Stokes J Ross Macbeth Bob Bullard Louise Graham James L Gose
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Guy Maxcy, followed by the Pledge of Allegiance.
3. ANNOUNCEMENTS A. Sheriff: Lt. Susan Benton presented the daily jail log of inmate count for the period ending September 26, 2000.
B. Clerk: Mike Eastman, Director of Accounting and Finance, presented a request for the Supervisor of Elections for the Board to approve Budget amendment 99-00-422 to transfer expenditures from Reserve for Contingencies to Operating Budget. The consensus of the Board was to place this item on the Action agenda for approval.
C. Upcoming meetings: County Administrator, Carl Cool presented the upcoming meetings into the record. Additional meetings were announced for the benefit of the public.
4. Proclamation to recognize National 4-H Week Erin Wurst, president of the Highlands County 4-H Club, appeared before the Board with a request to adopt a Proclamation, supporting the objectives of 4-H. Commissioner Flowers read the Resolution into the record. Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt a Proclamation recognizing 4-H week in Highlands County. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 73. 5. Resolution recognizing the dedicated service of Keith Williams, Historic Preservation Commission Commissioner Maxcy recognized Keith Williams for the quality time he has spent on the Historic Preservation Commission working for Highlands County on issues pertaining to historic and prehistoric concerns. Keith Hunnicutt read the Resolution into the record. Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt Resolution expressing appreciation for the dedicated time and effort that Keith Williams has given to Highlands County. The Chair opened the floor to the public. Gabriel Read of Avon Park Lakes noted that Mr. Williams, with his work in Miami and Dade counties, is responsible for BOOK 18 PAGE 568 the Community College being rated as one of the best in the state. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 74.
6. Public Hearing to consider changes to handyperson ordinance Petition and Proof of Publication entered into the record by Carl Cool, County Administrator. See Proof of Pub Ord. Book 2 Page 95. Mr. Cool also read the captions of the ordinance into the record. Ross Macbeth reviewed proposed changes. This ordinance was considered at a Workshop with the Construction Licensing Board. They are the originators of this proposal. Mr. Macbeth added restricted language that a handyperson may not perform any new connection to any sewer, drain, or potable water system or to any irrigation system which is connected to a potable water system. The change was acceptable to the Licensing Board. The Chair opened the floor to the public. Loren Eby spoke in opposition to more government restrictions. Gene Canevari spoke in opposition to a handyman performing any type of plumbing. Brian Fassler, spoke in opposition to the Ordinance. Clayton Womer spoke in favor of the Ordinance. Charles Dorman, chairman of the Licensing Board, spoke in favor. Janice Shoemaker recommended a continuing education program for the handyperson. Robert Bales, Plumber from Avon Park, spoke in opposition to the handyperson. Carl Cool advised that the ordinance will tighten down the regulations and spoke in favor. S.Y. Mosley, Building Official, noted that this is not an endorsement of confidence by the Building Department or the Board. It is just a card of registration in order to keep track in case there is a problem. The handyman cannot perform any work that requires a permit.
Motion by Commissioner Bullard, seconded by Commissioner Maxcy, to rescind the Handyperson Ordinance and refund every application fee that has applied for a registration. Ross Macbeth advised that the Board cannot approve that today, because the only way you can appeal an ordinance is with an ordinance, and one has not been noticed for that purpose. Commissioner Bullard than made a motion to draft an ordinance doing that and set a public hearing. Commissioner Maxcy stated that the second will stand for discussion. Ross Macbeth advised that if this ordinance passes the Board will go back to Chapter 489, with no registration, no competency, and no insurance requirements. Commissioner Stokes was not in favor of throwing out something that the licensing board agreed with, and the ordinance does give the public some protection. The Chair opened the floor to the public. Clayton Womer spoke in favor of rescinding the ordinance. Gabriel Read spoke in opposition to eliminating the ordinance. Loren Eby spoke in opposition to any regulations. Richard Nealis, Avon Park, spoke in opposition to the handyperson ordinance. The Chair closed the floor to the public input. Commissioner Gose and Maxcy were in favor of keeping the ordinance and leaving the plumbing out. Commissioner Stokes asked the Chair of the Licensing Board his opinion on the motion. Mr. Dorman was not in favor of doing away with the ordinance and going back to square one. Upon roll call, Commissioners Bullard and Flowers voted aye. Commissioners Maxcy, Gose and Stokes voted nay Motion did not carry.
Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt the ordinance before the Commission, with plumbing excluded. Ross Macbeth advised that if you delete B & C, there will be no restrictions on plumbing. Commissioner Maxcy stated that the intention of his motion is to have plumbing regulated by Chapter 489. Commissioner Gose stated that his second did not stand. The motion died for lack of a second. Motion by Commissioner Stokes, seconded by Commissioner Gose, to approve the BOOK 18 PAGE 569 ordinance as presented. Carl Cool spoke in favor of the motion. Clayton Womer and Gene Canevari spoke in opposition. Gabriel Read and Mike Carr spoke in favor of the motion. Charles Dorman offered a suggestion that language be added to Paragraph 003, item C. to include (perform any piping connection to any sewer, drain, or potable water system or to any irrigation system which is connected to a potable water system). This would allow the changing of the faucet, washer, assembly or toilet seat. Commissioner Stokes amended the motion to include Mr. Dorman’s language. Commissioner Gose seconded the amendment. Commissioner Bullard proposed an amendment to Paragraph 007, item A. to decrease from five categories to three categories. Commissioner Stokes seconded the second amendment. Commissioner Gose asked that Charles Dorman explain the rationale on why the Board wanted to require five categories. Mr. Dorman stated that the Board felt that it was necessary to keep the five categories.
Voting on the second amendment Upon roll call, all Commissioners voted aye. Motion carried for the amendment. Voting on the main motion Upon roll call, Commissioners Stokes and Commissioner Gose voted aye. Commissioners Bullard, Maxcy and Flowers voted nay. Motion did not carry. The Chair reported that the original Handyperson ordinance and Chapter 489 is still in effect.
Break 10:18 - 10:35 a.m.
7. Public Hearing to consider zoning changes and small-scale plan amendments NEW BUSINESS: HEARING # CPA - 00-145SS - ROBERT C. & LAURA W. MIELKE Approximately .90 acres located in Sec. 14, Twp. 36S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from (Agriculture) to (Commercial).
HEARING # 1568 - ROBERT C. & LAURA W. MIELKE Approximately .90 acres located in Sec. 14, Twp. 36S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires retail and wholesale of ornamental landscaping items. The Planning and Zoning Commission and the Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of CPA - 00- 145SS and P&Z 1568. The zoning change being approved contingent upon approval from DCA of the small-scale plan amendment, and including the Mandatory Findings in the staff report. Petition and Proof of Publication entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ord book 2 Page 96.
Motion by Commissioner Bullard, seconded by Commissioner Maxcy, in accordance with the Planning and Zoning Commission, to approve the zoning change and adopt by Ordinance and Resolution, contingent upon approval of CPA - 00-145SS from DCA and including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 73. BOOK 18 PAGE 570
HEARING # CPA - 00-146SS - DAVID M. AND BEULAH E. EARNEST The West 4.21 acres of Lot 4, Block 2, Less road right-of-ways, in Sec. 24, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a small-scale plan amendment from (Agriculture) to (Commercial).
HEARING # 1569 - DAVID M. AND BEULAH E. EARNEST The West 4.21 acres of Lot 4, Block 2, Less road right-of-ways, in Sec. 24, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires to construct mini-warehouses. Staff recommended denial based on urban sprawl. The Planning and Zoning Commission and the Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of CPA - 00-146SS and P&Z 1569, the zoning change being contingent upon approval from DCA of the small-scale plan amendment, and including the mandatory findings in the staff report. Petition and Proof of Publication presented by Jim Polatty, Development Services Director. See Proof of Pub Ord Book 2 Page 97.
Motion by Commissioner Stokes, seconded by Commissioner Gose, in accordance with the Local Planning Agency to approve and adopt by Resolution and Ordinance, contingent upon approval of CPA - 00-146 from DCA, and including the mandatory findings in the staff report with changes to the environmental clearance finding. The Chair opened the floor to the public. Gabriel Read stated concerns for some of the B-3 zoning uses. Mr. Macbeth advised that a B-3, CU for mini warehouses could be placed on the zoning. Pam Taylor, Attorney for the Petitioner, spoke in favor and formally requested the CU zoning. Commissioner Stokes amended the motion to include CU for mini-warehouses only. Commissioner Gose accepted the amendment. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 74.
8. Public Hearing to consider proposed changes to Chapter 12 zoning code - Tower Ordinance Proof of Publication entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ord. Book 2 Page 98. The Planning and Zoning Commission recommended approval including the changes that were discussed. The Florida Statutes states that the Board shall hold two advertised public hearings and at least one hearing shall be held after 5:00 p.m. unless by a majority plus one vote, elects to conduct that hearing at another time of the day. Captions of the ordinance were read into the record. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to hold the second public hearing at 9:00 a.m. on October 10, 2000. The Chair opened the floor to the public. Attorney Michael Howe, representing American Tower Corporation, stated concern for Sec. 12-331, subsection G. the requirement that a tower be separated by 700 percent of its height from residential zoning districts. He requested that this provision be deleted. Randy Currin, zoning representative for the company, presented four maps and showed how difficult it was to find sites for a tower along U.S. 27. He called the proposed regulation excessive. Ross Macbeth pointed out that the regulations are permissive, they are not mandatory. The industry is saying they don’t know what the setback will be, so it complicates their work. Commissioner BOOK 18 PAGE 571
Bullard stated concerns that it could block technology from coming to Highlands County. He recommended an amendment to subsection G. that will make it more reasonable but not to eliminate it. Commissioner Gose asked how many towers might be needed to cover the complete county. Mr. Currin couldn’t supply the number but said a 300-foot tower would serve an area of five miles in either direction and that one is needed every 10 miles. Commissioner Gose said the county should advocate co-location, having more than one company use a particular tower, so there aren’t so many structures. Mr. Macbeth stated that there are incentives for co-location in the provisions of the ordinance. Commissioner Maxcy expressed concern that changing technology might cut down on the demand for towers. He did not want to see more put up than was necessary. He would rather residents drive the issue rather than the tower companies. Commissioner Bullard asked that the County Administrator research the issue, and see how other counties are dealing with towers and have the information ready for the second hearing. Upon roll call, all Commissioners voted aye. Motion carried.
9. Public Hearing to consider adoption of Code of Ordinance 11.5, Highlands County water and sewer system, with all amendments, corrections, water and sewer rate and fee changes Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 99. Ramon Gavarrete, County Engineer, read the captions of the ordinance into the record. Ramon reviewed recommendations of the Placid Utilities Water Advisory Committee and the Board Attorney to approve amendments to the Code of Ordinance, Chapter 11.5 as presented to the Board at the September 12th workshop, to become effective October 1, 2000. The Highlands County Engineering Department also requests that the same changes be adopted for the Highway park Utility System.
Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt the ordinance amending Chapter 11.5 of the Code, establishing water and sewer service policies, rates, fees, charges and connections. Upon roll call, all Commissioners voted aye. Motion carried.
10. Public Hearing to consider an ordinance regarding North Orange Blossom Special District, Unit 6 Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 100. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried.
11. Public Hearing to consider an ordinance regarding North Orange Blossom Special Benefit District, Units 8 and 9 Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 101. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried.
12. Public Hearing to consider an ordinance regarding Highlands Lakes Special Tax District BOOK 18 PAGE 572
Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 102. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Gose, seconded by Commissioner Maxcy, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried.
13. Public Hearing to consider an ordinance regarding Orange Blossom Special Benefit District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 103. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Stokes, seconded by Commissioner Gose, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried.
14. Public Hearing to consider an ordinance regarding Red Hill Farms Improvement District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 104. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Bullard, seconded by Commissioner Gose, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried.
15. Public Hearing to consider an ordinance regarding Sebring Hills Special Benefit District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 105. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried.
16. Public Hearing to consider an ordinance regarding Highlands Park Benefit Fire District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 106. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Gose, seconded by Commissioner Stokes, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried.
17. Public Hearing to consider an ordinance regarding Leisure Lakes Special Benefit Fire District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 107. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Gose, seconded by Commissioner Bullard, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried.
18. Public Hearing to consider an ordinance regarding Sebring-Highlands Special Tax District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 108. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Bullard, seconded by Commissioner Maxcy, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. BOOK 18 PAGE 573
Upon roll call, all Commissioners voted aye. Motion carried.
19. Public Hearing to consider an ordinance regarding De Soto City Special Fire Benefit District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 109. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Maxcy, seconded by Commissioner Gose, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried
20. Public Hearing to consider an ordinance regarding Avon Park Estates Special Benefit District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 110. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Gose, seconded by Commissioner Bullard, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried
21. Public Hearing to consider an ordinance regarding Orange Villa Mobile Home Estates Special Benefit District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 111. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt ordinance amending Chapter 9 of the Code, providing for assessments. Upon roll call, all Commissioners voted aye. Motion carried
22. Public Hearing to consider adopting the uniform method of collection - Highlands Park Estates Special Benefit District Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 112. Motion by Commissioner Bullard, seconded by Commissioner Stokes, to adopt Resolution imposing the uniform ad valorem method of collection of a non-ad valorem assessment, and approving the contracts with the Tax Collector and Property Appraiser. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 75.
23. Public Hearing to consider an ordinance pertaining to appointments made by the Board of County Commissioners Proof of Publication entered into the record. See Proof of Pub Ord. Book 2 Page 113. Captions of the ordinance read into the record by the Board Attorney. Motion by Commissioner Stokes, seconded by Commissioner Bullard, to adopt ordinance pertaining to appointments made by the Board of County Commissioners. Upon roll call, all Commissioners voted aye. Motion carried
24. ACTION: Motion by Commissioner Maxcy, seconded by Commissioner Bullard, to set the Action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.
BOOK 18 PAGE 574
1. Approval to pay all duly authorized employee benefits Motion by Commissioner Maxcy, seconded by Commissioner Gose, to approve payment of employee benefits in the amount of $ 130,579.42. Upon roll call, all Commissioners voted aye. Motion carried.
2. Approval to refund application and legal advertisement fees Motion by Commissioner Bullard, seconded by Commissioner Gose, to approve request of the Development Services Director to refund Mr. Gary Sapp the amount of $313.04 for the cost of the application and legal advertisement fees as the request did not comply with the Comprehensive Plan. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 37 Page 186.
3. County Administrator: Request to accept award and execute Victim Advocate Grant Motion by Commissioner Maxcy, seconded by Commissioner Gose, to accept award and execute the Victim Advocate Grant. Upon roll call, all Commissioners voted aye. Motion carried.
4. Supervisor of Elections-Budget amendment 99-00-422 to transfer expenditures from Reserve for Contingencies to Operating Budget Motion by Commissioner Maxcy, seconded by Commissioner Gose, to approve budget amendment 99- 00-422. Upon roll call, all Commissioners voted aye. Motion carried.
25. ADJOURN The meeting adjourned at 1:17 p.m. ______Chairperson
Attest: ______Clerk
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BOOK 18 PAGE 625
PUBLIC HEARING OF THE BOARD, NOVEMBER 28, 2000
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present
C Guy Maxcy Mike Eastman Edgar E Stokes Carl Cool Bob Bullard J Ross Macbeth Andrew B Jackson Louise Graham David W Flowers
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bob Bullard, followed by the Pledge of Allegiance.
3. ANNOUNCEMENTS A. Sheriff: Lt. Alex Whitbeck presented the daily jail log of inmate count for the period ending November 28, 2000.
B. Clerk: No report presented.
C. Upcoming County meetings: County Administrator Carl Cool presented the upcoming meetings into the record. Additional meetings were announced for the benefit of the public. Special prayers went out to Bruce Van Jaarsveld, Road and Bridge Superintendent, and Ed Yarbrough, Maintenance Supervisor of the Avon Park area, in the loss of their fathers.
Commissioner Flowers requested a brief discussion after the Avon Park Lakes plat vacation, to discuss extending Stryker Road.
4. Public hearing to consider vacating plat - Avon Park Lakes Subdivision County Engineer, Ramon Gavarrete presented Resolution to vacate all of the land in Section 7, Township 33, Range 28, 1,209.76 acres not included in the Avon Park Lakes Subdivision. Proof of Publication entered into the record. See SMB 38 Page 31. No letters were received in objection from any utility companies or from staff. The property is classified as AU (agricultural). The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Resolution vacating all of the land in Section 7, Township 33, Range 28, not included in the Avon Park Lakes Subdivision for petitioner, Daniel G. Bennett. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 100.
Commissioner Flowers - Brief discussion on extending Stryker Road BOOK 18 PAGE 626
Commissioner Flowers suggested that the County pursue extending the road and correcting the path around Graham Road. This will include extending Stryker Road out and making an access into the back of Graham Road. It will allow Mr. Bennett to put his fence back and correct the right of way. County Administrator Carl Cool shared that he has reviewed the plat and feels that there is adequate right of way for extending the road. He could get a survey done and bring back the report. He believes that this is a needed road. Commissioner Stokes spoke in favor of the project. The consensus of the Board was to direct staff to move forward with the survey and cost estimates.
5. Public hearing for road closing - Larson Dairy Road County Engineer, Ramon Gavarrete presented Resolution to close a strip of land lying 33' to the North and 33' to the South of the following described center line: Beginning at the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of Section 10, Township 37 South, Range 33 East, thence run West along the half- section line of said Section 10 to the intersection of said line with the easterly right-of-way boundary line of Blossom Lane as described in the petition of Otis O. “Pete” Clemons, Guardian of Oscar Clemons. Proof of Publication entered into the record. See SMB 38 Page 32. No objection from staff or the utility companies were received, except Florida Power Corporation. Their objection has been satisfied with the easement. The Chair opened the floor to the Public. Cliff Ables, Attorney for the Petitioner, spoke in favor of the road closing. Motion by Commissioner Stokes, seconded by Commissioner Bullard, to adopt Resolution closing the road. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 101.
6. Public hearing to consider establishing a Countywide Fire District Proof of Publication entered into the record by the County Administrator. See Proof of Pub Ord Book 2 Page 115. Mr. Cool read the captions of the ordinance into the record. Tim Eures, Emergency Operations Director, presented a brief report on the efforts expended toward establishing a Countywide Fire District. Discussion on a countywide district began two years ago when the various county fire chiefs met and discussed the progress of the fire service. With 12 volunteer fire departments, the county had 12 different levels of fire service and funding programs. Since then the county and the fire departments have worked to coordinate nearly 300 volunteer firefighters, maintain and insure equipment and secure funding for the various departments. A consulting group came in and prepared a study and pointed out concerns with the equipment, the cost of workman compensation for the volunteers, and insurance for the fire equipment. The group made recommendations that the county pursue a countywide fire department. The Task Force is now discussing bringing the Fire Departments under one single source of revenue that will be assessed countywide. They are also discussing bringing all the volunteers together for their place in the new restructure.
Ross Macbeth presented an idea that came from the Florida Association of Counties and Robert Sheets, Consultant. Other counties have set up an enterprise fund, similar to Highlands County’s garbage service for their countywide fire services. He stated that the county can approach the subject similar to the garbage collection, set up an enterprise fund and set up assessments as a county function. In that case, the county would not need a special assessment district. He would recommend that we continue with establishing the district, and then decide which way to continue. Define the level of service and keep the options open as we proceed, dissolve the district if we continue it as a county function. Mr. Macbeth outlined the procedures for adopting the assessment. The Board needs to decide what level of service is going to be provided in the county. Separate assessment districts and different funding levels or one overall funding mechanism and BOOK 18 PAGE 627 standardization within the county. We do not know the outcome of those discussions and until we have gone through all of the public input and study necessary to answer that question, staff is trying to keep both options viable, so next year both will be open.
The County Administrator stated that another public hearing will be scheduled for January 22, 2001 to consider adopting the method of assessment. There is a series of steps that must be considered to set up the district. He spoke in favor of the ordinance at this time. Commissioner Jackson spoke in opposition to proceeding without cost information. He cited a 10-year-old referendum where a majority of Highlands County residents voted against having a countywide fire service. Commissioners Maxcy and Flowers said they would not approve the assessment if it is set too high. Both said they want to keep the assessment as low as possible to benefit fixed-income households. Commissioner Bullard spoke in favor of the district, but said that he wants residents to know that this is only one step of a many step process to figure out how much the county needs. We need as much public input as possible. Commissioner Flowers shared that when the referendum was done 10 years ago, not only were needs different but the fire services coordinator pushed a plan to hire 45 firefighters without consulting with fire chiefs to see what they needed or wanted. They fought the referendum because it was not the plan they would endorse. He would not have supported the earlier referendum, and if the assessment is too high, he will back off. Commissioner Stokes spoke in favor of the ordinance. He stated that it has been ten years and it is time to look at it again.
The Chair opened the public hearing for input. Gabriel Read and Loren Eby spoke in favor of the countywide fire district. Clayton Womer recommended that we access the cost before we proceed. Jim Penrod, President of the Sun’n Lake South Lake Placid, spoke in favor of the countywide district.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Ordinance establishing the Highlands County Special Benefit Fire District. The Chair opened the floor to the public. Gabriel Read spoke in favor. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who voted nay. Motion carried.
Break 10:35 - 10:48 a.m.
7. ACTION: Motion by Commissioner Flowers, seconded by Commissioner Stokes, to set the Action agenda as listed. Upon roll call, all Commissioners voted aye. Motion carried.
A. Consent Agenda: Motion by Commissioner Flowers, seconded by Commissioner Jackson, to approve the Consent agenda as listed: 1. Approval to pay all duly authorized employee benefits for 11/28/00 in the amount of $23,986.85. 2. Approval of Budget Amendment No. 00-01-60 and amendment No.1 to Chastain-Skillman, Inc. No. 24 in the amount of $9,900 for services during construction of the leachate recirculation force main to Cell 1B, Cell 1A Lift Station, and WWTP modifications. See SMB 38 Page 33. BOOK 18 PAGE 628
3. Request to approve Budget Amendment No. 00-01-62 to purchase slope laser for the construction of the Sebring Parkway.
Upon roll call, all Commissioners voted aye. Motion carried.
Chair Maxcy shared that he has requested the County Administrator revise the committee appointments as recommended by the Commissioners, and hand out, to allow them to attend any upcoming meetings.
8. ADJOURN The meeting adjourned at 10:50 a.m. ______Chairperson
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, FEBRUARY 27, 2001
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:
C Guy Maxcy Bob Jamison Bob Bullard Carl Cool Edgar Stokes J Ross Macbeth Andrew B Jackson Louise Graham David W Flowers
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Rev. Ed Sager, followed by the Pledge of Allegiance by Jim Cash of Lake Placid.
3. ANNOUNCEMENTS A. Sheriff: No report presented.
B. Clerk: Bob Jamison, Deputy Clerk, gave a brief statistical report on Jury Trial Week for the Clerk’s office. The Clerk of Courts in Highlands County has sustained the ranking of number one in the state for efficient jurors for the past eight years. They have obtained this ranking by cutting the list of jurors in half, by not having jurors sitting around when not needed.
C. Upcoming County meetings: County Administrator, Carl Cool, presented the upcoming meetings into the record. Additional meetings were announced for the benefit of the public.
4. 9:10 a.m. EXECUTIVE SESSION: Regarding Case No. GC 99-239 - B.A. Roberts, Inc. v. Highlands County Board of County Commissioners Present were Commissioners C. Guy Maxcy, Chairperson, Bob Bullard, Vice Chair, Andrew B. Jackson, David Flowers and Edgar Stokes, County Administrator, Carl Cool, Board Attorney, Ross Macbeth and a certified Court Reporter. The Chairperson announced the Executive Session. Proof of Publication entered into the record. See SMB 38 Page 137.
The regular meeting resumed at 9:35 a.m. by the Chair, Guy Maxcy.
5. Public Hearing to consider an ordinance repealing Article III of Chapter 9 of the Code of Ordinances, Highlands County, Florida pertaining to Avon Park Lakes Special Benefit District. Proof of Publication and Petition entered into the record by Ross Macbeth, Board Attorney. See Proof of Pub Ord Book 2 Page 123. Mr. Macbeth explained that this ordinance will do away with the Avon Park Lakes Special Benefit District. Carl Cool noted that there is no assessment, and this will decrease staff time associated with bookkeeping purposes. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Jackson, seconded by Commissioner Flowers, to adopt Ordinance BOOK 18 PAGE 702 repealing Article III of Chapter 9 of the Code of Ordinances, pertaining to the Avon Park Lakes Special Benefit District. Upon roll call, all Commissioners voted aye. Motion carried.
6. Public Hearing to consider an easement vacation - Placid Lakes, Section 20, Block 251, Lots 38 & 39 - Plat Book 9, Page 31 Petition and Proof of Publication entered into the record by Ramon Gavarrete, County Engineer. See SMB 38 Page 138. The request is to vacate an easement being 20.00 ft. in width lying between Lots 38 & 39 Block 251 of Placid Lakes, Section 20, a subdivision as recorded in Plat Book 9 on Page 31, of the Public Records of Highlands County, Florida, lying 10.00 ft. left & right of the following described center line; Commence at the most Southerly corner of Lot 39, thence North 38E47'01" West and along a line common to Lots 38 & 39 a distance of 10.00 ft. for Point of Beginning. Thence continue North 38E47'01" West a distance of 105.00 ft. to end of description. The Chair opened the floor to the public. No one spoke for or against the petition. Commissioner Jackson requested information regarding ownership on future approvals.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Resolution to vacate the utility easement as requested. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 135.
7. Public Hearing to consider adopting the uniform method of collecting a Non Ad Valorem assessment for Leisure Lakes Special Benefit Fire District Petition and Proof of Publication entered into the record by Carl Cool, County Administrator. See SMB 38 Page 139. The purpose of this Public Hearing is to consider the adoption of a Resolution authorizing the Board of Supervisors of the Leisure Lakes Special Benefit Fire District to use the uniform ad valorem method of collecting non-ad valorem assessments for the purpose of providing for borrowing capabilities; ownership and disposition of property; fire protection; issuance of bonds and revenue certificates; and such other purposes as may be appropriate within the district. Commissioner Bullard asked for a description of the boundaries. Treasa Handley, Assessment Coordinator, produced a map depicting the boundaries with an explanation on the purpose of the Public Hearing. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Bullard, seconded by Commissioner Flowers, to adopt Resolution, adopting the uniform method of collecting a Non Ad Valorem assessment and to approve the contracts with the Tax Collector and the Property Appraiser for administration. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 136.
8. Public Hearing to consider adopting the uniform method of collecting a Non Ad Valorem assessment for Highlands Park Special Benefit Fire District Petition and Proof of Publication entered into the record by the County Administrator, Carl Cool. See SMB 38 Page 140. The purpose of this Public Hearing is to consider the adoption of a Resolution authorizing the Board of Supervisors of the Highlands Park Special Benefit Fire District to use the uniform ad valorem method of collecting non-ad valorem assessments for the purpose of providing for borrowing capabilities; ownership and disposition of property; fire protection; issuance of bonds and revenue certificates; and such other purposes as may be appropriate within the district. The Chair opened the floor to the public. No one spoke for or against the motion.
Motion by Commissioner Bullard, seconded by Commissioner Flowers, to adopt Resolution, adopting the BOOK 18 PAGE 703 uniform method of collecting a non-ad valorem assessment and to approve the contracts with the Tax Collector and the Property Appraiser for administration. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 137.
9. Public Hearing to consider approval of an ordinance - Lake Francis Landings Development Order (P&Z Case #1559)LAKE PLACID GROVES, LLC C/O ROGER DALE POLSTON Jim Polatty, Development Services Director, presented the Proof of Publication and the Petition into the record. See Proof of Pub Ord Book 2 Page 124. Mr. Polatty stated that this is an adoption hearing for the approval of an ordinance creating a Development Order to implement the Lake Francis Landings Planned Development Zoning District. Captions of the Ordinance were read into the record by Mr. Polatty. The Planning and Zoning Board heard this request and approved the Ordinance by a four to one vote. Mr. Polatty reviewed issues of the Planning and Zoning Board, and made clerical corrections. There were five letters received against, one letter with concerns regarding traffic, and a petition with 41 letters against. There were no letters received for the request. Ron Clarke, Attorney representing the developer, Lake Placid Holding Company, presented a summation of the proposed development. He also reviewed issues of contention by the Planing and Zoning Board. The Court Reporter swore in Dale Polston, local engineer and David Mulholland, traffic engineer, for the project. A small presentation outlining the Development Order was given with some of the concerns answered. The Chair opened the floor to the public. Jean Deuth presented a letter into the record in opposition from Jan Jernell and David Kortan of Cloverleaf Road. Ray Myers, Lake June Road, Dave Dunfee, owner of Placid Lakes Country Club Golf Course, Vaughn Whitesides and Hank Kowalski spoke in opposition to the development. Buddy Rogers, Pete McDevitt and Mike Starcevic spoke in favor of the project. Gabriel Read suggested that the Board be cautious when approving a development of this size.
Commissioner Bullard noted concerns with the lack of specificity in the Development Order. One concern dealt with the location of the wastewater treatment plant, currently proposed for a five-acre site on the northeast side of the project, near Cloverleaf Road. He also didn’t like the wording in the DO stating construction of the 18-hole golf course had to begin in 36 months. The developer agreed to change the wording that states the course must be finished in 48 months or by the issuance of the 50th certificate of occupancy or sale of the 50th lot, whichever comes first. Commissioner Bullard questioned if the county could require that no certificates of occupancy be issued until the drought ends. Board Attorney, Ross Macbeth said as long as there was a tradeoff, it could happen.
Lunch 12:15 p.m. - 1:30 p.m.
Commissioner Bullard stated that fifty foot wide lots and 1,000 square foot homes do not constitute an upscale development. Ron Clarke agreed that the project would have 80 foot lots, and 1,250 square foot homes where single-family residences are built. Also, multi-family will comply with requirements contained within R-3 residential. Mr. Bullard suggested that the proposed connector road leading from the subdivision to U.S. 27 line up with the entrance to the project. Using right of way on land owned by the developer does not do that, opening the possibility that property would have to be purchased. The developer should provide right of way to complete the road.
The wastewater treatment plan on site would produce reclaimed water to irrigate the golf course, but would need a 100,000-gallon per day capacity to do this. An agreement should be in place that they will accept treated waste water at the golf course and what rate is to be charged for that treated waste water. Impact BOOK 18 PAGE 704 fees were also discussed. Ross Macbeth added additional language that will satisfy these conditions.
Commissioner Flowers advised that he wasn’t ready to put a rubber stamp on the development order. He is not comfortable with the site plan and presentation. The site plan left out some key elements that were proposed, including a community park, clubhouse and possible duplex or multi-family units. Dale Polston, engineer for the development, wanted the flexibility for other development if needed.
Break - 2:25 p.m. - 2:35 p.m.
Commissioner Flowers questioned the private road issue and what type of maintenance bond may be in place. Ross Macbeth advised that there is no protection for the Commission. Carl Cool stated that staff will review the property owners association to make sure an organization is in place to make sure that maintenance is addressed. Commissioner Bullard disclosed that in addition to information received at the meeting, he has received a number of calls from citizens over the past several months, expressing their views on this development.
Motion by Commissioner Bullard, seconded by Commissioner Stokes, to table the motion until staff has time to meet with the developer. Redraft the Development Order to incorporate all things that have been agreed upon and to negotiate an agreement on the alignment of the road and when that is complete to set a public hearing to come back to the Commission for a final hearing. Upon roll call, all Commissioners voted aye. Motion carried. Refer to tape for additional information or discussion.
10. Public Hearing to consider approval of the Heritage Tree Ordinance Proof of Publication and Petition entered into the record by Jim Polatty, Development Services Director, See Proof of Pub Ord. Book 2 Page 125. Captions of the Ordinance were read into the record. The Planning and Zoning Commission recommended three to one against adoption of the ordinance. The Natural Resources Advisory Council voted 11-0 to recommend adoption by the Commission. The Chair opened the floor to the public. Richard Conover questioned the legality of the public hearing held by Planning and Zoning Board on February 13, 2001, as the motion was tabled and never removed from the table. Ross Macbeth advised that the Commission nor the Planning and Zoning Board have adopted Roberts Rules of procedure for conducting their meetings. This is a different document. It was noticed in the newspaper as required by law and was discussed by that Board and a vote taken recommending. That is all that is required by law.
The Chair entered into the record a petition of 124 names in support of the proposed Heritage Tree Protection Ordinance. See SMB 38 Page 141. Vaughn Whitesides, representing the Audubon Society, Gabriel Read from Avon Park Lakes and Hank Kowalski, Lake Placid, spoke in favor of the ordinance. Residents, John Payne and John Tallent, representing land owners, spoke in opposition. Realtor, Pete McDevitt, spoke in opposition to the ordinance, stating that the ordinance is an overkill and creates unnecessary regulations. Mike Eisenhart, Keep Highlands County Beautiful Coordinator presented information in favor of preservation of trees. Commissioner Jackson spoke in opposition to the Heritage Tree Ordinance. He does not believe that the County Engineer’s department will have the sufficient time to handle the demands that will be placed on them. He does not believe that Sebring Parkway Phase I could have been constructed with this ordinance, nor could the Government Center have been constructed. Commissioner Flowers wants to see an established need for the ordinance. Commissioner Bullard shared that 90% of Florida is under some kind of ordinance that protects heritage trees. He thinks there is a compelling interest in our county to protect heritage trees. BOOK 18 PAGE 705
Commissioner Bullard presented suggestion for rewriting the ordinance and spoke in favor of a Heritage Tree Ordinance. Commissioner Jackson suggested an incentive type program, rather than saying, “thou shall not.” Commissioner Stokes also was in favor of an incentive program. The consensus of the Board was to go back to the drawing Board to reach a comprise and send back to NRAC to incorporate the thoughts of the Board. Commissioner Flowers thanked all the people who participated in the preparation of this ordinance.
11. ACTION: Motion by Commissioner Flowers, seconded by Commissioner Jackson, to set the Action agenda with the addition of item B-3 under the County Administrator as listed. Upon roll call, all Commissioners voted aye. Motion carried.
A. Solid Waste Management Director: 1. Request approval of Budget Amendment No. 00-01-162 and Change Order No. 2 to Gary F. King, Inc. for installation of external scale truck weight readout devices at the landfill scalehouse Motion by Commissioner Bullard, seconded by Commissioner Flowers, to approve the request of the Solid Waste Director, Jerry Leszkiewicz, for approval of budget amendment 00-01-162 and Change Order No. 2, to Gary F. King, Inc. in the amount of $5,160.00 for required changes in the construction of scalehouse modification to comply with state regulations. The Chair opened the floor to the public. No one spoke for or against. Upon roll call, all Commissioners voted aye. Motion carried.
2. Request approval of construction contract No. 01-017 with LaGrow Systems, Inc. for expansion of the leachate sprayfield, and contract No. 01-016 with LaGrow Systems, Inc. for construction of a potable water supply system Jerry Leszkiewicz, Solid Waste Director, presented the request for the Board to approve contract No. 01- 017 with LaGrow Systems, Inc. for expansion of the leachate sprayfield in the fixed price amount of $98,631.00 and contract No. 01-016 with LaGrow Systems, Inc. for construction of a potable water supply system in the amount of $43,421.00. Both approvals will be contingent upon receipt of public construction bonds as specified in the contracts.
LaGrow Systems, Inc. was the successful low bidder for both projects. The bid prices for both projects came in at $71,000 below the Board approved budgets.
Motion by Commissioner Flowers, seconded by Commissioner Bullard, to approve the construction contract No. 01-017 in the amount of $98,631.00 and construction contract No. 01-016 in the amount of $43,621.00 with LaGrow Systems, Inc. contingent upon receipt of the specified public construction bonds for each contract. Upon roll call, all Commissioners voted aye. Motion carried.
B. County Administrator: 1. Request approval to pay all duly authorized employee benefits 2/27/01 Motion by Commissioner Flowers, seconded by Commissioner Jackson, to approve payment of employee benefits in the amount of $ 42,775.35. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 38 Page 142.
2. Request approval of Agreement for Fire Protection Assessment Program with Government Services Group, Inc. BOOK 18 PAGE 706
County Administrator, Carl Cool, reviewed the Professional Services Agreement for Fire Protection Assessment Program with the Board. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to approve agreement with the Government Services Group, Inc. for the Fire Protection Assessment Program. Upon roll call, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried.
3. Discussion regarding ordinance or resolution to declare Local State of an Emergency for wildfires County Administrator, Carl Cool informed the Commission that it is not necessary for the County to consider an ordinance or resolution declaring a local state of an emergency in the case of wildfires as the Governor of Florida has promulgated an Executive Order to take immediate effect for the State of Florida. No action was taken.
12. Commissioners: Commissioner Bullard advised that he will not be present at the next meeting as he was appointed to the National Steering Committee on Agriculture and Rural Affairs for NACo and will be in Washington attending the legislative meeting.
Commissioner Stokes reminded everyone to attend the Lorida Roundup to be held on March 10th.
12. ADJOURN The meeting adjourned at 4:15 p.m. ______Chairperson
Attest: ______Clerk
********************************************************************************** BOOK 18 PAGE 725
PUBLIC HEARING OF THE BOARD, MARCH 27, 2001
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:
Bob Bullard I.V. “Buddy” McKenzie Andrew B. Jackson Carl Cool David W Flowers J Ross Macbeth Louise Graham
Commissioners Maxcy and Stokes were absent from the meeting.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner David Flowers, followed by the Pledge of Allegiance by the Tax Collector, Charles Bryan.
3. ANNOUNCEMENTS A. Sheriff: No report presented.
B. Clerk: Chief Deputy Clerk I.V. “Buddy” McKenzie gave a brief report on the Avon Park Mall Festival held on Saturday, March 24, 2001 and presented a trophy won by the Clerk’s office at the Orange Juice Squeeze Contest.
C. Upcoming County meetings: County Administrator, Carl Cool, presented the upcoming meetings into the record. Additional meetings were announced for the benefit of the public.
4. Public Hearing to consider a lien placement on Case number CE00080015 Eddie Conklin, Code Enforcement Officer, presented the petition and proof of publication into the record to declare the structure at 157 Lake June Drive, Lake Placid a nuisance and to be removed from the property. See SMB 38 Page 160. Bid requests were sent out to contractors and the bid awarded to Woody’s Trucking. Prior to the property being brought into compliance by the county, a lien is to be placed on the property as per demolition procedure list #29. The cost of the lien should be $4,875.00 which includes $250.00 for administration fees, $125.00 for a title search and $4,500.00 for the demolition and clean up. The Chair opened the floor to the public. No one spoke for or against the lien placement. Commissioner Flowers questioned if staff has exhausted every effort to contact the owner of the property. Mr. Conklin advised that the owner is deceased and the property has been posted since September 5, 2000, and no one has come forward.
Motion by Commissioner Flowers, seconded by Commissioner Jackson, to grant the total lien cost of $4,875.00 to be placed on the property at 157 Lake June Drive in Lake Placid. Upon roll call, all Commissioners voted aye. Motion carried.
BOOK 18 PAGE 726
5. Public Hearing to consider a lien placement on Case number CE00030035 Petition and Proof of Publication entered into the record by Tommy Turnbull, Code Enforcement Officer. See SMB 38 Page 60. The Chair opened the floor to the public. No one spoke for or against the lien placement. Motion by Commissioner Flowers, seconded by Commissioner Jackson, to approve request to place a lien on Case #CE00030035, located at 111 Lawrence Avenue, Sebring, Florida for title search, administrative, and demolition expenses in the amount of $2,375.00 to comply with the Highlands County Code of Ordinances. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 38 Page 61.
6. Public Hearing to consider a lien placement on Case number CE00020074 Petition and Proof of Publication entered into the record by Tommy Turnbull. See SMB 38 Page 60. Motion by Commissioner Flowers, seconded by Commissioner Jackson, to approve request to place a lien on Case #CE 00020074, property located at 447 West Gobourne Street, Avon Park, Florida for title search, administrative, and demolition expenses in the amount of $2,375.00. The Chair opened the floor to the public. No one spoke for or against the lien placement. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 38 Page 62.
7. Public Hearing to consider Ordinance changing Land Development Regulations regarding flood hazard areas Petition and Proof of Publication entered into the record by Jim Polatty, Development Services Director. See Proof of Pub Ord. Book 2 Page 125. Captions of the ordinance were read into the record. The Planning and Zoning Commission were in favor of adoption. County Administrator, Carl Cool presented background information relating to the flood hazard areas. The Public Hearing is to add to the Flood Plain Ordinance Holiday Acres and Nicholas Acres. When a building permit is applied for, the Building Department will look at the FEMA Flood Plain Maps and these maps, and will then apply the Flood Hazard Ordinance and the LDRs to assure that a house is not constructed on a non-buildable lot. Commissioner Bullard questioned if the process will continue to work with FEMA and the relocation efforts. Carl Cool shared that this is a part of the process, designating the areas as flood plain areas.
The Chair opened the floor to the public. Charles Weir, speaking as a private citizen, asked that we consider other factors such as roadway access, sewage disposal and water supply needs. Carl Cool addressed the problems, stating that the septic tank systems will be designed to meet the proper requirements. Commissioner Bullard related that road issues will also be addressed. Gabriel Read, Avon Park Lakes, stated that development should be prohibited in specific areas of the county. Motion by Commissioner Jackson, seconded by Commissioner Flowers, to adopt Ordinance amending the basis for establishing the areas of Special Flood Hazard in the Venus area. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 38 Page 62.
8. First Public Hearing to consider proposed changes to Chapter 12 - Zoning Code Gary Lower, Zoning Supervisor, presented the Petition and Proof of Publication into the record. See Proof of Pub Ord Book 2 Page 126. Captions of the ordinance were read into the record. The Chair opened the floor to the public. No one spoke for or against the ordinance. Mr. Lower explained that the first hearing requires a quorum plus one vote to be able to hold the hearing at 9:00 a.m. on April 10, 2001. Ross Macbeth advised that the Board may vote on the issue at the April 10th meeting with the proper quorum present. Motion by Commissioner Flowers, seconded by Commissioner Jackson, to move to the next step and set a hearing for a vote, contingent upon a majority plus one at the April10, 2001 meeting to hear the meeting at 9:00 a.m.or soon thereafter. Mr. Gary Lower presented a brief description of the changes to the BOOK 18 PAGE 727 ordinance.
9. Public Hearing to consider proposed small scale plan amendment and a zoning change Proof of Publication and Petitions entered into the record by Jim Polatty, Development Services, Director. See Proof of Pub Ord. Book 2 Page 127.
HEARING # CPA - 01-152SS - G. W. IBRAHIM C/O RICK WHIDDEN: Approximately 5.0 acres located in Sec. 30, Twp. 36S, Rge. 30E, Highlands County, Florida. Requesting a small-scale plan amendment from (Agriculture) to (Commercial). Staff recommended in favor of the Comprehensive Plan amendment and recommended denial for the rezone to B-3 but in favor of Office (O-1) for this site.
HEARING #1575 - G. W. IBRAHIM C/O RICK WHIDDEN: Approximately 5.0 acres located in Sec. 30, Twp. 36S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires to construct medical and professional offices.
The Local Planning Agency made a motion to recommend to the Board of County Commissioners to approve CPA-01-152SS as presented. The Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval of Hearing #1575 as submitted, contingent upon approval from DCA regarding the small-scale plan amendment, and including the mandatory findings in the staff report. The applicant met with staff before the meeting and they agreed to the 0-1 zoning with the provision that they are given B-3 now that will allow offices, such as a pharmacy, medical equipment and a sandwich shop. The County will come in and do a consistency rezone to 0-1 at a later date, and allow the offices to remain. Commissioner Flowers addressed the issue of a frontage road.
Jeff Kennedy, Engineering Consultant, representing the applicant, G. W. Ibrahim, spoke in support of the B-3 zoning with a consistency rezone to 0-1 at a later date. Also, there will be a frontage road but it will go through the development and connect down south with the next piece of property. It is not parallel to US 27 but will serve the development as well and future needs down the highway. Rick Whidden, representing the applicant, presented a site plan depicting the location of the frontage road. Contractor, Bill Borgemeister shared that he will be building the complex. He has met with the County Engineer, Ramon Gavarrete, and he is comfortable with the proposal as presented. Commissioner Bullard stated safety concerns because of change in grade with B-3 zoning. The later change to 0-1 would address his concern.
Motion by Commissioner Flowers, seconded by Commissioner Jackson, in accordance with the Local Planning Agency, to adopt Resolution approving Hearing #1575, the B-3 zoning with the consistency rezone at a later date to amend to 0-1 zoning, contingent upon approval of CPA - 00-152SS from DCA and including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 144. Motion by Commissioner Flowers, seconded by Commissioner Jackson, in accordance with the Planning and Zoning Commission, to approve Hearing CPA - 01-152SS, and adopt by ordinance amending the land use from agriculture to commercial, including the mandatory findings in the staff report. Ross Macbeth read the captions of the ordinance into the record. Upon roll call, all Commissioners voted aye. Motion carried.
10. ACTION: Motion by Commissioner Flowers, seconded by Commissioner Jackson, to set the Action agenda as printed. Upon roll call, all Commissioners voted aye. Motion carried. BOOK 18 PAGE 728
A. Request approval to pay all duly authorized employee benefits 3/27/01 Motion by Commissioner Flowers, seconded by Commissioner Jackson, to approve payment of employee benefits in the amount of $75,938.82. Upon roll call, all Commissioners voted aye. Motion carried.
B. County Administrator: Update on mitigation strategy County Administrator, Carl Cool reported that the County has an agreement with the School Board to use schools as storm shelters. The original plan was to use the $250,000 and $83,000 local match to put on hurricane shutters and provide generators for two or three schools. The state did not agree. Staff looked at other options. They considered fixing the Sebring Civic Center. The state did not agree. The money had to be used on schools. Then they considered the South Florida Community College auditorium. The state still did not agree. Beyond that, the County was facing an April 1 deadline to commit the money to a project. DCA would not extend the deadline. He shared that staff has looked at every conceivable option. Staff is back to the original recommendation that we can’t use the money. DCA requires that the county certify each school doubling as a storm shelter and meet all state standards. The state Legislature has been asked for money with which to fix up eight or nine schools, and no longer require a local match. Commissioner Flowers suggested that staff continue discussions with the School Board and with the State to see what can be done with future projects. Commissioner Jackson said that the state should fully fund the improvements to shelters. He is not in favor of local money being used for a state mandate.
Commissioner Bullard shared that he and the Chairman will be speaking with lawmakers about this issue during the lobbying trip to Tallahassee. For the County to have a severe shelter shortage and to be returning $250,000 to the state because of the way it is structured, doesn’t make sense. They will talk to them about restructuring this part of the program and creating some new funds.
5. ADJOURN The meeting adjourned at 10:25 a.m. ______Chairperson
Attest: ______Clerk
********************************************************************************** BOOK 18 PAGE 746
PUBLIC HEARING OF THE BOARD, APRIL 24, 2001
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:
C. Guy Maxcy Bob Jamison Bob Bullard Carl Cool David W Flowers J Ross Macbeth Andrew Jackson Louise Graham
Commissioner Stokes was absent from the meeting due to a medical appointment.
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bob Bullard. The Pledge of Allegiance was led by Clerk of Courts, L.E. “Luke” Brooker.
3. ANNOUNCEMENTS A. Sheriff: Lt. Alex Whitbeck presented the daily jail log of inmate count for the period ending April 24, 2001.
B. Clerk L.E. “Luke” Brooker, Clerk of Courts, reported that the “National Day of Prayer” will be observed on the Courthouse Lawn on May 3, 2001 at 11:00 a.m. Mr. Brooker also presented Attorney Rob Livingston, who represented a group of Russian Attorneys sponsored by the Rotary Club of Sebring and Brandon. Mr. Livingston introduced Mr. Yuri Klotchkob, spokesman for the attorney group. He gave a brief overview of the Rotary-sponsored program. The Board gave a small token of appreciation to the group of attorneys.
C. Upcoming County meetings County Administrator, Carl Cool, presented the upcoming meetings into the record. Additional meetings were announced for the benefit of the public.
Commissioner Stokes arrived at the meeting at 9:20 a.m.
4. Public Hearing to consider adoption of an Ordinance providing for amendments to Paragraph 003 part C of Four of Article 5 of Chapter 5.5 (Land Development Regulations) Postponement of landscaping and irrigation after site completion Fred Myers, Engineering Department, presented Petition and Proof of Publication into the record. See Proof of Pub Ord. Book 2 Page 129. The Ordinance provides for amendments to postpone at the owner’s request planting of vegetation after site construction has been completed until special precautionary directives are no longer in effect. The Board Attorney and the Planning and Zoning Board has reviewed and approved the Ordinance. The County Engineer will have the authority to give continuing extensions in four month increments. The Board Attorney will approve the surety required for the extensions. Mr. Macbeth read the BOOK 18 PAGE 747 captions of the Ordinance into the record. Commissioner Jackson presented discussion regarding the extensions and spoke in support of the Ordinance. Commissioner Bullard commended Greg Reynolds for work on the Ordinance. The Chair opened the floor to the public. No one spoke for or against the Ordinance.
Motion by Commissioner Bullard, seconded by Commissioner Flowers, to adopt the Ordinance providing for amendments to Paragraph 003 of Part C of Section Four of Article Five of Chapter 5.5 (Land Development Regulations) of the Code of Ordinances regarding the following: Planting of vegetation after site construction has been completed maybe postponed at the owner’s request until those special precautionary directives are no longer in effect. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 38 Page 191.
5. Public Hearing to consider proposed changes to Chapter 12 (Zoning Code) providing for amendments to the home occupations/garage sale permits Development Services Director, Jim Polatty, advised that this is the first public hearing to consider changes to Chapter 12 (Zoning Code). Proof of Publication was entered into the record. See Proof of Pub. Ord. Book 2 Page 192. Mr. Polatty read the captions of the Ordinance into the record and reviewed the changes to Chapter 12. On page 2 of the ordinance, delete the numbering one thru eight and replace with a thru g. Item number g. delete language Highlands zoning department, who shall issue and replace with Such permit shall be issued. Commissioner Jackson presented questions regarding item number 6 and item number 8. The County Administrator agreed that staff will work on the language for the next public hearing.
The Chair opened the floor to the public. Richard Conover of Avon Park, presented comments regarding the time of hearing and the majority vote at the second public hearing. Richard Aber questioned whether an apartment above a garage could be used for a home occupation. Mr. Polatty advised that Home Occupations will be addressed in the future. At the present, the code does allow this. Commissioner Stokes asked for a clarification on Item 7 and 8 with the new ordinance. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to hold the second public hearing at 9:00 a.m. on May 8, 2001. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 38 Page 192.
6. Public Hearing to consider Lake Francis Landings Proposed rezone request and Development Order Chairperson Maxcy read a fax into the record from Ron Clark, representing Lake Placid Groves, LLC, requesting that the Application for Rezoning to Planned Development Zoning District for Lake Francis Landing be continued for sixty (60) days for his client to determine whether to proceed with the development in light of the requirements contained within the draft Development Order. The requirements of NRAC, regarding his client being required to purchase additional property for a road right-of-way, and other requirements could make the development economically unfeasible to continue to pursue. See SMB 38 Page 193 for copy. Commissioner Bullard questioned if the Board should vote to bring the matter off the table, since it was tabled at the last hearing. Mr. Macbeth advised that the public hearing has been opened. If there is action to be taken, then we can take it off of the table. The Chair opened the floor to the public to speak only on the granting of an extension. Earl Pickett, representing the Twin Lakes Property Owners Association, asked that Lowell Ballas, Chair of the Property Owners Association, be informed of any action on this matter. BOOK 18 PAGE 748
Ray Meyers, Lake June Road, spoke of the impact to environmentally sensitive areas. Ralph Miner, Lake Francis, spoke in opposition to the development. Bruce Carrick, Twin Lakes Road, asked the Board to deny the extension as the applicant was not present to hear the petition. Commissioner Stokes and Jackson agreed that this was the first time the developer has asked for a continuance on this hearing. Staff had asked for it to be tabled to work out the details. Mr. Cool shared that he spoke to Dale Polston, Project Engineer for the Development, and he was aware that the hearing for granting an extension would be discussed at the meeting. Commissioners Flowers and Bullard spoke in favor of granting the extension to give everyone an equal opportunity to speak.
Motion by Commissioner Bullard, seconded by Commissioner Jackson, to bring this issue off of the table for consideration. The Chair opened the floor to the public. Lowell Ballas, John Stahl, Ralph Miner, and Ray Meyers of Lake Placid spoke in opposition to granting an extension. Upon roll call, all Commissioners voted aye. Motion carried.
Motion by Commissioner Bullard, seconded by Commissioner Flowers, to table this item to a date certain on June 26, 2001, for a Public Hearing in the BOCC Chambers at 9:00 a.m. The Chair opened the floor for public input. Ralph Miner from Lake Placid asked the Board to reconsider for an earlier date. Ray Meyers spoke in opposition to the postponement. Hank Kowalski spoke in favor. Commissioner Flowers amended the motion to change the date of the hearing to May 22, 2001, for a 30-day extension. Commissioner Maxcy passed the gavel to Vice-Chair Bullard and seconded the motion. Commissioner Bullard spoke in opposition to the amendment as the developer has asked for a 60-day extension to see if the project is financially feasible and he wants them to make an informed decision. Commissioner Flowers withdrew the amendment to the motion. Commissioner Maxcy withdrew the second and made an amendment to the motion to change the date of the hearing to May 22, 2001, for a 30-day extension. No second was received. The amendment died for lack of a second. Upon roll call on the main motion, all Commissioners voted aye, except Commissioner Maxcy, who voted nay. Motion carried.
7. ACTION: Motion by Commissioner Flowers, seconded by Commissioner Jackson, to approve the action agenda with the addition of a discussion on treated affluent by the Avon Park Correctional Institution. Upon roll call, all Commissioners voted aye. Motion carried.
8. Proposed improvements to the Avon Park Correctional Institution wastewater treatment facilities County Administrator, Carl Cool, explained the proposal that calls for installing a 12-inch pipe along CR 64 to an 80-acre site on the south side of the road, about seven miles west of the prison. Treated effluent would flow to polishing ponds where it would evaporate over time. Mr. Cool requested the Board approve to write a letter to DEP asking for a public hearing on whether they should issue a permit to the Department of Corrections for the construction of the evaporation ponds in Highlands County.
Commissioner Flowers said the county holds all the cards in this situation because it would have to allow the state to use its right of way for the line. He feels that the prison system has plenty of land and should not pipe the sewage six to seven miles into Highlands County. He also thinks that pumping the sewage into Arbuckle BOOK 18 PAGE 749
Creek should be addressed and discontinued. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to direct the County Administrator to request DEP hold a public hearing in Highlands County to address the issue. Commissioner Bullard spoke in support of the motion. The Chair opened the floor for public input. Hank Kowalski agreed that the County should be represented at the hearing. He shared that information was sent to him concerning the proposal and he would provide a copy to the Board. He has also given the information to the Planning Department and informed them that there are gopher tortoises on the property and possibly scrub jays. Von Whitesides, spoke in favor of the motion. Upon roll call, all Commissioners voted aye. Motion carried.
9. Request approval to pay all duly authorized employee benefits 4/24/01 Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve payment of employee benefits in the amount of $ 83,795.35. Upon roll call, all Commissioners voted aye. Motion carried.
10. Commissioners • Commissioner Flowers encouraged all Commissioners to attend the tour of the Hillsborough County Detention Center in order to make an intelligent decision regarding our proposed facility. • Commissioner Bullard recommended that the Commission take an additional 45 minutes and tour one of Hillsborough County’s Dog Parks. The Commission gave a consensus to schedule both tours.
County Administrator, Carl Cool, presented an update on the Tussock removal and invited the Commissioners to take a helicopter ride over Lake Istokpoga and view the project on Friday, April 27, 2001. He also presented a report on the STAR Center in Lake Placid.
11. Adjourn The meeting adjourned at 10:40 a.m. ______Chairperson
Attest: ______Clerk
********************************************************************************** BOOK 18 PAGE 776
PUBLIC HEARING OF THE BOARD, MAY 22, 2001
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:
C Guy Maxcy Bob Jamison Edgar E Stokes Carl Cool Bob Bullard J Ross Macbeth David W Flowers Louise Graham Andrew Jackson
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bob Bullard. The Pledge of Allegiance was led by Lt. Susan Benton
3. ANNOUNCEMENTS A. Sheriff: Lt. Susan Benton presented the daily jail log of inmate count for the period ending May 22, 2001.
B. Clerk Deputy Clerk, Bob Jamison, presented the weekly report of Court Services for the Clerk of Courts, L. E. “Luke” Brooker. There were 99 Civil Suits filed, 8 marriage licenses issued and 3 marriages performed.
Jury Trial Week Report Mr. Jamison also presented a report on Jury Trial Week for the week ending May 18, 2001. Approximately 5 weeks prior to jury trial week 300 summonses were sent out with an expected return of 85-90 prospective jurors. The Thursday before jury trial week, there were 32 trials scheduled. Monday morning after the Clerk's orientation and the Judge's hearing on certain juror's needs to be excused, there were 67 Jurors available. By Monday afternoon 28 trials were settled, plead, or continued, leaving, 4 Jury trials (2 Misdemeanor, 1 Traffic, and 1 County Civil). State statistics show that on the average 15 jurors are normally scheduled for Misdemeanor trials, 18 for Civil trials and 18 for Felony trials. The Clerk's Office was able to achieve an average of 17 Jurors per trial.
On April 3, 2001, Mr. Jamison reported that the Clerk's Office will be going live in the near future with a new Civil Traffic System. The new system handles all civil traffic tickets, game and fish tickets, and boating infractions. Implementation was successfully completed. The new system is much faster for both staff and citizens and saves $43,000 per year. That amount of savings also means the up-front expenditure for the system will be recovered in less than 1 ½ years. See SMB 39 Page 30 for copy of report.
C. Upcoming County meetings County Administrator, Carl Cool, presented the upcoming meetings into the record. Additional meetings were announced for the benefit of the public. BOOK 18 PAGE 777
D. Commissioner Flowers -liaison to the County VFD & Character Collation Commissioner Flowers recognized Kevin Carpenter for two Character First traits in saving Robert Thomas from a burning building in Sebring at a house fire. Commissioner Flowers introduced Lt. Mark Sauls, from the State Fire Marshall’s office. Mr. Carpenter was presented a plaque on behalf of the State Fire Marshall’s office for exhibiting alertness and decisiveness in the face of a dangerous situation on May 5, 2001.
4. Public Hearing to consider request to purchase property Proof of Publication and Petition presented into the record by Bill Stephenson, Special Projects Director. See SMB 39 Page 31.The request is to purchase the Ruth K. Davis .8843 acre on Scenic Highway for the purpose of widening the road. This strip of land is approximately 33 feet wide and 1,139 feet long. The Seller is asking $17,827.00 for this grove property that has two rows of citrus trees on it. The strip is located north of the Sebring Parkway Phase I. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Jackson, seconded by Commissioner Flowers, to purchase the Ruth K. Davis property as stated. Upon roll call, all Commissioners voted aye. Motion carried.
4. Public Hearing to consider request to purchase property Proof of Publication and Petition presented into the record by Bill Stephenson, Special Projects Director. See SMB 39 Page 31.This request is to purchase lot 12 and part of tracts "U" and "V" PB1, PG 32, Public Records of Highlands County. This 152-Vz x 15 lot is located next to the Facilities Management Building on Fernleaf. The amount needed to purchase the lot is $13,500.00. The Property Appraiser has the lot valued at $13,200.00. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Bullard, seconded by Commissioner Stokes, to buy lot 12 and part of tracts "U" and "V,” P.B. 1 PG 32 for $13,500.00. Upon roll call, all Commissioners voted aye. Motion carried.
5. Public Hearing to consider request to place a lien, Case # CE 0003-0092 Proof of Publication and Petition presented by Eddie Conklin, Code Enforcement Officer. See SMB 39 Page 32. Mr. Conklin presented a request to place a lien on property located at 85 Recreation Drive, Venus, Fl. to bring into compliance, as per section 5.6-2(4) of the Code of Ordinances of Highlands County. On January 16, 2001, the board deemed this property a nuisance and posted it on March 29, 2001. All letters to the owner have been returned unopened. The lien is for $5005.00, which includes a $250.00 administration fee, $125.00 for title search and $4,630.00 for the removal of the structures. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve the placement of the lien in the amount of $5,005.00. Upon roll call, all Commissioners voted aye. Motion carried.
6. Public Hearing to consider vacation of easement - Spring Lake Village VIII, Lots 18 & 19, Block F County Engineer, Ramon Gavarrete, presented petition and proof of publication into the record. See SMB 39 Page 33. The request is to vacate the utility easement as follows: An easement being The Southeasterly 15.00 ft. of Westerly one-half of Lot 19 and the Southeasterly 15.00 ft. of Lot 18, Block F, Spring Lake Village VIII, as per plat recorded in Plat Book 11 Page 8 of the Public Records of Highlands County, Florida. Staff has BOOK 18 PAGE 778 reviewed with no objection and recommends approval. The Chair opened the floor to the public. Rick Whidden, representing Vernon L. Hoffman and Myrna J. Hoffman, petitioners, spoke in favor of the vacation.
Motion by Commissioner Bullard, seconded by Commissioner Jackson, to approve adoption of the Resolution and vacation of the utility easement as stated. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page162.
7. Public Hearing to consider vacation of easement - Spring Lake Village VIII, Lot 19 & 20, Block F County Engineer, Ramon Gavarrete, presented petition and proof of publication into the record. See SMB 39 Page 34. The request is to adopt a Resolution to vacate the utility easement as follows: An easement being The Southeasterly 15.00 ft. of Westerly one-half of Lot 19 and the Southeasterly 15.00 ft. of Lot 20, Block F, Spring Lake Village VIII, as per plat recorded in Plat Book 11 Page 8 of the Public Records of Highlands County, Florida. The Chair opened the floor to the public. Rick Whidden representing Donald R. and Margaret J. Cunning, spoke in favor of the vacation.
Motion by Commissioner Stokes, seconded by Commissioner Flowers, to adopt the Resolution to vacate the utility easement as stated. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 163.
8. Public Hearing to consider proposed zoning change OLD BUSINESS: HEARING #1577 - ALLISON W. REPETTO - C/O ROGER DALE POLSTON Approximately 365 acres located in Sec. 7, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from R-1A (Residential district), R-2 FUD (Two Family Dwelling district with a Flexible Unit Development), and AU (Agricultural) to EU (Estate district). This site is vested for 595 lots and the proposed lots/units is approximately 150. Development Services Director, Jim Polatty presented the proof of publication and the petition into the record. See SMB 39 Page 35. The Planning and Zoning Commission recommended approval with the maximum number of lots to be set at 150. Staff also recommended approval. The Chair opened the floor to the public. Mr. Dale Polston, Engineer representing the Petitioner, said the project will have 2 ½ acre lots with some lots along the lake. It will be served by central water and sewer. The Petitioner has agreed not to exceed the 150 lots. Commissioner Bullard commended Polston for downsizing the scope of the development. Hank Kowalski presented comments regarding why the Natural Resources Conservation Service has no comment on the proposal. He also stated concerns for the gopher tortoises and scrub jays who live on the property. Mr. Polatty responded that the Conservation Service did present comments about the development but they were mislabeled as coming from the US Department of Agriculture. He would like the record to reflect this. Also, the petitioner will comply with all permits, as required.
Motion by Commissioner Stokes, seconded by Commissioner Jackson, to adopt Hearing #1577 by Resolution; including the maximum of 150 units/lots, all lots shall be provided with central sewer and water, and the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 14 Page 164. BOOK 18 PAGE 779
9. Public Hearing to consider amendments to the Land Development Regulations Amendments to the Land Development Regulations (LDR’S) included the deleting of fiscal impact analysis reports for new developments; the expansion of the list of prohibited plant species; modification to the environmental clearance procedure and environmental clearance report; updating the list of environmental agency references; and clarification in securing land clearing permits. Development Services Director, Jim Polatty presented the proof of publication and the petition into the record. See Proof of Pub Ord Book 2 Page 131. The Planning and Zoning Commission heard the proposed amendments to the Land Development Regulations on May 8, 2001 and recommended approval. NRAC also recommended approval. Mr. Polatty suggested that a change be made on Page 20 of the ordinance to include working days throughout the paragraph. The Chair opened the floor to the public. Hank Kowalski of Lake Placid, addressed the advertisement and suggested it be revised to a more readable language. He also addressed the issue of the Natural Resources Conservation Service not responding to environmental clearance issues. The Chair advised that he and the County Administrator will address the problem with that office. Mr. Kowalski recommended that the Board change language from three years to five years for land development order approval for any non-agricultural use on the same site. Gabriel Read from Avon Park Lakes, suggested regulations that limit development in certain areas of the county.
The Commission discussed Mr. Kowalski’s recommendation. Commissioner Stokes advised that NRAC discussed the five years, but found that it could hinder the agriculture owner in his business. Commissioner Flowers addressed Mr. Read’s recommendation. The Board does have designated areas in Highlands County where there is no development taking place. Motion by Commissioner Stokes, seconded by Commissioner Flowers, to approve all LDR amendments as approved by NRAC and Planning and Zoning Commission with staff to research the penalty of illegal land clearing and report back.
Hank Kowalski spoke in opposition to the motion as it does not change the three years to five years for land development order approval. Gabriel Read presented comments regarding decisions made today on lands and how it impacts the future. Jim Polatty asked that the motion reflect the changes mentioned in the document. Commissioner Stokes accepted the amendment. The maker of the second agreed with the changes. Upon roll call, all Commissioners voted aye. Motion carried.
Commissioner Bullard asked that Mr. Polatty research the penalty for illegal land clearing and waiting periods in surrounding counties and report back to the Commission. Commissioner Stokes was in agreement, but stated that the Water Management District is in charge of any illegal land clearing.
11. ACTION: Motion by Commissioner Flowers, seconded by Commissioner Stokes, to set the action agenda with Item C. to be moved up and heard first. Upon roll call, all Commissioners voted aye. Motion carried.
Break 10:21 - 10:35 a.m.
Representative Richard Machek- Affluent Water Situation Rep. Machek presented an update on the affluent water issue. It is proposed to be pumped by the Florida Prison BOOK 18 PAGE 780
System to a holding area, which is close to a populated area near the Bombing Range. He has written letters to the Department of Environmental Protection, who is the agency that will issue the permit. The County has requested a public hearing on the matter and why it will be pumped ten miles into Highlands County. He should have some information by next week and if necessary, he will visit the regional office of DEP in person to make sure the citizens in Highlands County are represented.
C. Manny Suarez, DLR Group: Presentation of Jail Master Plan Update Manny Suarez, DLR Group, gave a presentation on the results of the master plan and needs assessment of the Highlands County Jail. Six months ago, PBS&J and Manny Suarez, Consultant, was contracted to perform the study. The results were to expand the facility to about 500 beds and to expand the management efficiency of the facility. The study resulted in a mechanism that the Natural Institute of Correction, which is a branch of the US Department of Justice, will help fund some of the training that will be necessary for the expansion of the Jail. The numbers are increasing the capacity of the Jail by 66% and only impacting the staff by about 21%. The aggregate cost per bed of this expansion is less than $12,000 per bed, which is about a third of the national average. The concept is a jail within a jail, which means inmates will not leave their assigned area unless they were going to court, being transferred to another facility or being released from custody. This means life, from recreation to showers, is confined to one portion of the lockup under the direct supervision of correction officers. It will lower the possibility that an inmate could be misplaced and that someone will know where every inmate is at all times. The project is estimated to cost $6 million. It will add 192 beds to the facility and employ 22 more correction officers. The 22 new employees will cost $1.25 million annually, but the daily expense of $36 per inmate is the most cost effective in Florida for a county jail this size. Once completed, the jail will have a capacity of 510 inmates, up from the current 318.
Asst. County Administrator, Tom Portz advised that the process started approximately six months ago, when the Board authorized a master plan update. The Professional Services Acquisition Committee is in negotiations for the A & E fee structure on the project and will bring a proposal before the Board in June. At that point the Board will be making some modified decisions to move forward. Construction is proposed for the 2001-02 fiscal year. There isn’t enough money in the Capital Improvement Plan to move ahead with the design right now. This means some shuffling within the CIP will be necessary.
Commissioner Flowers stated that the Public Safety Coordinating Council is in favor of the project and the Board proceeding. The Commission discussed the project and presented comments regarding the cost.
County Administrator, Carl Cool questioned the project, wondering if the county will save $1.2 million in operating costs if it postponed construction of the addition by one year. He said he talked with Hardee County Manager, Gary Oden, who didn’t anticipate their jail filling up any time soon. Suarez said he didn’t believe that will happen because the county will continue to rely on Hardee County to house the overflow at a cost of $35 per day. It could be more expensive than operating our own facility. Sheriff Howard Godwin said that the county should go ahead with the project. Manny Suarez stated that housing the inmates in Hardee County puts a hardship on the relatives of the inmates. The Commission took no action but will be requested to take action in June with the question of spending for the design of the facility.
A. Request approval to pay all duly authorized employee benefits 5/22/01 and 5/29/01 BOOK 18 PAGE 781
Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve payment of duly authorized employee benefits in the amount of $154,728.34 for 5/22/01 and duly authorized payments for 5/29/01. Discussion by the Commission on why the Board approves the employee benefits every week. The County Administrator, Carl Cool, and Director of Internal Audits, Bob Jamison, explained that it provides prompt payments to the participating physicians in the insurance program. Upon roll call, all Commissioners voted aye. Motion carried.
B. Assistant County Administrator: Request to approve Mitigation Grant #10-E0-39-07- 38-01-0233, and Interlocal Agreement with South Florida Community College Asst. County Administrator, Tom Portz, presented a request for approval of the Mitigation Grant and Interlocal Agreement with South Florida Community College. Mr. Portz advised that there would not be a local match required by the County, but an additional roof structure design will be required, along with additional bathrooms to accommodate the shelter area. Ross Macbeth asked that the requirements in attachment “A” for installation of window protection also be a component. Commissioner Jackson shared that he needed to explain his position. He does not feel that these expenditures are wise expenditures. He stated that we are spending a lot of money to provide 300 or more spaces in Highlands County for storm refuges and designing for 200 miles per hour winds that has never happened in this county.
Motion by Commissioner Bullard, seconded by Commissioner Stokes, to approve the Interlocal Agreement with South Florida Community College and to approve and submit the stated-funded sub grant agreement conditioned upon the Community College also entering into the Interlocal Agreement. Commissioner Bullard requested a letter be sent to the South Florida Community College in appreciation. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who voted nay. Motion carried.
12. ADJOURN The meeting adjourned at 12:25 p.m. ______Chairperson
Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, SEPTEMBER 6, 2001
1. The Public Hearing was called to order at 5:30 P.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:
C. Guy Maxcy Carl Cool Bob Bullard Bob Jamison Edgar Stokes Louise Graham David W Flowers Rick Helms Andrew Jackson
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Bob Bullard. The Pledge of Allegiance was led by OMB Director, Rick Helms.
3. Public Hearing statement read by Chairperson, Guy Maxcy
4. Budget presentation by staff: County Administrator, Carl Cool presented an opening statement relating that the requested budget shows an 8.5 millage rate, a budget of $78.1 million and a budget of $5.3 million for the assessment districts. He commended the constitutional officers for their willingness to work with the county at cutting the budget. OMB Director, Rick Helms, presented a power point presentation detailing the budget outline.
5. Public Hearing open to public input discussion and comments. Linda Crowder, Director of the Childrens Museum, presented a description of services provided by the Museum, and requested funding in the amount of $10,000. John Mehling and Donna Howerton spoke in support of funding for the Children’s Museum. The Commission discussed the request and agreed to review the Contingency after the first of the year for possible funding.
County Administrator, Carl Cool presented a proposal for closing the Commerce Avenue Annex on Friday with extended hours in the morning and late in the evening. The staff would work a split schedule. One-half would work on Monday the other half would work on Friday. Offices will be open from 7:00 a.m. to 6:00 p.m. Building Official, S.Y. Mosley, spoke in support of the Program. Commissioner Flowers asked that we try the proposal for 90-days and evaluate it. Rick Helms shared that the county will save more than $50,000 if the departments adopt the extended-hours policy.
Chip Boring, representing the Realtors, stated concerns that the public will not be served as well. Tommy James, representing the Builders Association, stated concerns for the level of service through the week and maintaining a quality level of service. Richard Conover presented comments regarding the new proposal. Lisa Burley, Public Information Officer, spoke in support of the program. The Commissioners discussed the proposal and gave a consensus to try the program for 90-days and ask staff to bring a report back the first week in January. BOOK 19 PAGE 36
6. Motions for adoption of FY 2000-2001 Resolutions
A. Millage Resolution Adoption Chair Maxcy read the Resolution into the record. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Resolution, adopting the millage rate of 8.5 mills as presently contained in the proposed budget for the 2001-2002 fiscal year, exceeding the rolled back rate of 8.3746 mills by 1.50 %. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 15 Page 1.
B. Tentative Budget Resolution Chair Maxcy read the Resolution into the record. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to adopt Tentative Resolution, adopting the tentative budget for the fiscal year 2001- 2002 in the sum of $78,177,413 for all funds exclusive of service tax districts. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 2.
C. Adoption of Special Taxing Districts 1. Assessment adoption by district Chair Maxcy read the Resolution into the record. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt FY 2001-2002 service assessment and budget for all service assessment districts in the total sum of $5,256,894 which included $3,703,761 in fund balance brought forward from the previous fiscal year. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 3.
10. Adjournment The meeting adjourned at 7:00 p.m.
______Chairperson Attest: ______Clerk
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PUBLIC HEARING OF THE BOARD, SEPTEMBER 18, 2001
1. The meeting was called to order at 5:30 P.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:
C. Guy Maxcy Carl Cool Bob Bullard Bob Jamison Edgar Stokes J Ross Macbeth David W Flowers Louise Graham Andrew Jackson
2. Public Hearing statement read by Chairperson, Guy Maxcy
3. Proof of Publication - presented by OMB Director, Rick Helms. See SMB 39 Page 164.
4. Budget presentation by staff: County Administrator, Carl Cool, listed the total proposed budget for 2001-2002 at $83,434,307, which represents a net total change of 1.84% over the current year and a millage rate of 8.5 mills. He commended the departments for their work and sacrifice with the reduction of the numbers.
5. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Human Services Director, Kevin Roberts. The Pledge of Allegiance was led by Asst. County Administrator, Tom Portz.
6. Public Hearing open to public input discussion and comments. OMB Director, Rick Helms, advised that the Sheriff’s Department has provided him with their total budget in the amount of $14,026,314, with allocations made internally within their budget for the three areas of service that they provide. The total does come up to the amount that was agreed upon and will be incorporated into the Board’s various cost centers. Carl Cool stated that a budget amendment will be forthcoming in October or November from the Sheriff’s Department with funds over and above the $75,000 figure agreed upon on unspent funds to be transferred back into their budget. The Commission gave a consensus to review cash brought forward for a possible funding commitment to the Children’s Museum and the Big Brothers and Big Sisters after the Clerk’s first quarter overall summation.
The Chair opened the floor to the public. No one spoke for or against the proposed budget.
7. Motions for adoption of FY 2000-2001 Resolutions
A. Millage Resolution Adoption Rick Helms read the Resolution into the record. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Resolution, adopting the millage rate of 8.5 mills as presently contained in the proposed budget for the 2001-2002 fiscal year, exceeding the rolled back rate of 8.3746 mills by 1.50 %. Upon roll call, all Commissioners voted aye. The motion carried. See Res. Book 15 Page 12. BOOK 19 PAGE 48
B. Final Budget Resolution Chair Maxcy read the Resolution into the record. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Final Resolution, adopting the budget for the fiscal year 2001-2002 in the sum of $78,177,413 for all funds exclusive of special benefit districts. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page13.
C. Adoption of Service Taxing Districts Rick Helms read the Resolution into the record. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt FY 2001-2002 service assessment and budget for all service assessment districts in the total sum of $5,256,894 which includes $3,703,761 in fund balance brought forward from the previous fiscal year. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 14.
D. Adoption of Budget Changes Rick Helms read the Resolution into the record. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to adopt Resolution incorporating changes to the final budget. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 15.
8. Adjournment The meeting adjourned at 5:50 p.m.
______Chairperson Attest: ______Clerk
********************************************************************************** BOOK 19 PAGE 49
PUBLIC HEARING OF THE BOARD, SEPTEMBER 25, 2001
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:
C Guy Maxcy Carl Cool Bob Bullard Bob Jamison Edgar Stokes J Ross Macbeth David Flowers Louise Graham Andrew Jackson
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the County Administrator, Carl Cool. The Pledge of Allegiance was led by Housing Director, Penny Jessel.
3. ANNOUNCEMENTS A. Sheriff: Lt. Susan Benton presented the daily jail log of inmate count for the period ending September 25, 2001. The Farm Report was also given.
B. Clerk Deputy Clerk, Bob Jamison, presented a Weekly Report of Court Services for the Highlands County Clerk of Courts, L. E. “Luke” Brooker. See SMB 39 Page 165 for detail.
C. Upcoming County meetings County Administrator, Carl Cool presented the upcoming meetings into the record. He advised that the Hospital District will hold a special meeting on October 2, 2001 to consider a request of the Board of County Commissioners on emergency funding for mosquito control. Highlands County has been placed under a health alert due to an unconfirmed eastern equine encephalitis case. He urged everyone to wear protective clothing.
Chair Maxcy asked county employees to participate in a bake sale to benefit the New York City Fire and Emergency relief fund on 10/6/01. Additional meetings were announced for the benefit of the public .
4. Public Hearing to consider the proposed issuance of Bonds to finance Single Family Mortgage Program (TEFRA) Petition and Proof of Publication entered into the record by Ralph Cellon, representing Morgan and Keegan and Bay County Housing Program. The proceeds of the bond issue will be used to finance the purchase of single family residences to be occupied primarily by first-time home buyers of moderate, middle or lesser income within Highlands County. See SMB 39 Page 166. The Chair opened the floor to the public. No one spoke for or against the Program. Ross Macbeth read the Resolution into the record and explained the program. Motion by Commissioner Stokes, seconded by Commissioner Bullard, to adopt Resolution approving the Program. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 21.
5. Public Hearing to consider an Ordinance amending Subsections (5) and (10) of Section 6-32 of the Code of Ordinances concerning fortune tellers Petition and Proof of Publication entered into the record by Ross Macbeth. See Proof of Pub Ord Book 2 Page 140. Mr. Macbeth read the captions of the ordinance into the record and explained the two sections to be BOOK 19 PAGE 50 amended - Subsection (5) of Section 6-32, regarding the amount of the bond. Subsection (10) of Section 6-32 changes the word Christian to {bona fide churches}. Commissioner Stokes questioned some of the occupations listed in the captions of the ordinance. Attorney Jim McCollum, representing the petitioner, requested that the bond be taken away. He feels that the county is provided protection with fingerprints and other measures and that a bond in the amount of $2500 would be more than adequate. The Chair opened the floor to the public. Richard Conover stated that he has a problem with the language bona fide churches. Ray Napper spoke in opposition and suggested language include for entertainment purposes only. Commissioner Jackson and Stokes stated concerns with the Board getting into the religious aspects of the law. Motion by Commissioner Bullard, seconded by Commissioner Jackson, to direct staff to review the entire ordinance, add a bond of $10,000 and include the other language provided by Ross Macbeth on other security. Upon roll call, all Commissioners voted aye, except Commissioners Flowers and Maxcy, who voted nay. Motion carried. It was a consensus to set a workshop November 13, 2001, with experience from other counties who have an ordinance in place.
Commissioner Maxcy presented a report on Ag Venture.
Break 10:25 - 10:40 a.m.
6. Public Hearing to consider vacation of plat - a portion of Sun ‘n Lakes Estates of Sebring, Unit 9, lots 48-56 Petition and Proof of Publication entered into the record by Ramon Gavarrete, County Engineer. See SMB 39 Page 167. The request is to vacate lots 48 through 56, inclusive, Block 132 in plat Book 9, Page 59. Good Shepherd Church of Sebring has dedicated a utility easement at the request of Sun’n Lakes of Sebring Improvement District. Attorney Robert Livingston, representing the title owner, Good Shepherd Lutheran Church of Sebring, spoke in favor of the vacation.
Motion by Commissioner Jackson, seconded by Commissioner Stokes, to approve vacation of a portion of Sun’n Lakes Estates of Sebring, Unit 9, Lots 48 through 56. The Chair opened the floor to the public. No one spoke for or against the vacation. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 16.
7. Public Hearing to consider proposed zoning changes, and small-scale plan amendments Petitions and Proof of Publication entered into the record by Development Service Director, Jim Polatty. See Proof of Pub Ord. Book 2 Page 141.
OLD BUSINESS: HEARING # CPA - 01-158SS - HAYWARD H. DAVIS - C/O J. M. WHITAKER Approximately 10 acres located in Section 8, Township 37 South, Range 30 East, Highlands County, Florida. Requesting a small-scale plan amendment from “Low Density Residential” to “Industrial.” See below Hearing #1583 for details.
HEARING #1583 - HAYWARD H. DAVIS - C/O J. M. WHITAKER Approximately 10 acres located in Section 8, Township 37 South, Range 30 East, Highlands County, Florida. Requesting a zoning change from AU (agricultural) to I-2 (industrial district). Applicant desires a salvage yard, storage, septic tank service, and wastewater treatment plant.
Motion by Commissioner Bullard, seconded by Commissioner Jackson, to table Hearing CPA-01-158SS and P&Z 1583, until October 23, 2001 to allow the applicant to complete the information that the Board requested on BOOK 19 PAGE 51
8/28/01. The applicant will pay the additional cost of advertising. Upon roll call, all Commissioners voted aye. Motion carried. Letters entered into the record by Commissioner Flowers and Commissioner Maxcy. See Zoning file for copy.
OLD BUSINESS: HEARING #CPA -01-159SS - INSIGHT AUCTIONEERS & SALES - C/O ROGER DALE POLSTON Approximately 10 acres located in Sec. 23, Twp. 35S, Rge. 28E, Highlands County, Florida. Requesting a small-scale plan amendment from “Agriculture” to “Commercial.” See below Hearing #1584 for details.
HEARING #1584 - INSIGHT AUCTIONEERS & SALES - C/O ROGER DALE POLSTON Approximately 10 acres located in Sec. 23, Twp. 35S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-4 (Business district). Applicant desires an auction site and sales. Staff recommended denial and the Planning and Zoning Board recommended approval. Refer to documents for detail. No letters were received for or against. John Martz, petitioner, spoke in favor of the zoning change. Commissioner Bullard questioned if a buffer is required. Dale Polston advised that a transitional buffer yard is required by County code.
Motion by Commissioner Stokes, seconded by Commissioner Jackson, to approve CPA - 01-159SS and P&Z 1584 zoning change, with adoption of the Resolution and including the mandatory findings in the staff report being contingent upon approval from DCA of the small-scale plan amendment with the findings of facts being consistent with the surrounding uses. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 17.
Mr. Polatty read into the record the following three cases for approval by the Board:
HEARING #CPA - 01-160SS - ANDREW CRIVELLO, JR. & JANE I. CRIVELLO - C/O JOHN BORGEMEISTER Approximately 9.93 acres located in Sec. 23, Twp. 34S, Rge. 28 East, Highlands County, Florida. Requesting a small-scale plan amendment from “Medium Density Residential” and “High Density Residential” to “Commercial.” See Hearing # 1586 below for details.
B HEARING #1586 - ANDREW CRIVELLO, JR. & JANE I. CRIVELLO - C/O JOHN BORGEMEISTER Approximately 9.93 acres located in Sec. 23, Twp. 34S, Rge. 28 East, Highlands County, Florida. Requesting a zoning change from R-3 (Multiple Dwelling district), R-3 FUD (Multiple Dwelling district with a Flexible Unit Development), and I-2 (Industrial district) to B-3 (Business district). Applicant desires to construct a commercial shopping center.
HEARING # CPA - 01-161SS - DANETTE RIPPER - C/O JOHN BORGEMEISTER Approximately 4.27 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a small-scale plan amendment from “Low Density Residential” to “Commercial.”
HEARING # 1587 - DANETTE RIPPER - C/O JOHN BORGEMEISTER Approximately 4.27 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from EU (Estate district) to B-3 (Business district). Applicant desires to construct a commercial shopping center. BOOK 19 PAGE 52
HEARING # CPA-01-162SS - KATHRYN E. BEARD - C/O JOHN BORGEMEISTER Approximately 4.32 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a small-scale plan amendment from “High Density Residential” to “Commercial.”
HEARING # 1588 - KATHRYN E. BEARD - C/O JOHN BORGEMEISTER Approximately 4.32 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from R-1 (Residential district) to B-3 (Business district). Applicant desires to construct a commercial shopping center. There were no letters received and no one spoke for or against the requests. John Borgemeister advised that Rev. Haas had no objections to the requests. Mr. Borgemeister reviewed the site plan, and explained the location.
Motion by Commissioner Bullard, seconded by Stokes, in accordance with the Planning and Zoning Commission, to approve and adopt by ordinance, Hearing # CPA - 01-160SS, CPA - 01-161SS, CPA - 01-162SS, and adopt by Resolutions, approving P&Z 1586, P&Z 1587, and P&Z 1588, including the mandatory findings in the staff report and the zoning changes to be contingent upon approval from DCA of the small-scale plan amendments. Upon roll call, all members voted aye. See Res. Book 15 Page 18.
NEW BUSINESS: HEARING #1591 - CARL MURPHY ELLIS, III - C/O JAMES F. MCCOLLUM An approximate .31 acres located in Sec. 23, Twp. 34S, Rge. 28E, Highlands County, Florida. Requesting a zoning change B-2 (Limited Business district) to B-3 (Business district). Applicant desires all permitted uses in B-3. Attorney Jim McCollum spoke in favor of the request. There were no letters received and no one spoke for or against the request. Commissioner Flowers made a motion, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution Hearing #1591 as presented including the mandatory findings in the staff report. Upon roll call, all members voted aye. Motion carried. See Res. Book 15 Page 19.
HEARING # CPA - 01-163SS - CAYETANO JIMENEZ Approximately .53 acres located in Sec. 21, Rge. 33S, Rge. 28E, Highlands County, Florida. Requesting a small-scale plan amendment from (Medium Density Residential) to (Commercial). See below 1592 for details.
HEARING #1592 - CAYETANO JIMENEZ Approximately .53 acres located in Sec. 21, Rge. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from M-1-S (Mobile Home and Residential subdivision district) to B-3 (Business district). Applicant desires to store farm equipment and buses. There were no letters received and no one spoke for or against the requests. Commissioner Flowers noted for the record that the property is located across from the Wellcraft Complex and the Avon Park Airport.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution Zoning Hearing #1592 and approve and adopt by ordinance Hearing #CPA-163SS as presented, including the mandatory findings in the staff report and the zoning to be contingent upon approval from DCA of the small-scale plan amendment. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 19.
HEARING # CPA - 01-164SS - SUN-LITE CITRUS COMPANY, INC. - C/O RICK WHIDDEN Approximately 5.0 acres located in Sec. 30, Twp. 36S, Rge. 30E, Highlands County, Florida. Requesting a small-scale plan amendment from (Agriculture) to (Commercial). See Hearing # 1593 below for BOOK 19 PAGE 53 details.
HEARING #1593 - SUN-LITE CITRUS COMPANY, INC. - C/O RICK WHIDDEN Approximately 5.0 acres located in Sec. 30, Twp. 36S, Rge. 30E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-3 (Business district). Applicant desires medical, professional, retail, wholesale, and hotel uses. There were no letters received and no one spoke for or against the requests. Commissioner Bullard presented questions regarding ownership of the property. Mr. Rick Whidden advised that a previous zoning was represented by different parties. Mr. William Borgemeister also represented Sun-Lite Citrus.
Commissioner Stokes made a motion to approve and adopt by ordinance, Hearing # CPA - 01-164SS and approve and adopt by Resolution Hearing #1593 as presented including the mandatory findings in the staff report and the zoning change to be contingent upon approval from DCA of the small-scale plan amendment. The motion was seconded by Commissioner Jackson. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 20.
8. ACTION: Motion by Commissioner Flowers, seconded by Commissioner Stokes, to set the Action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.
A. Request to extend Emergency Declaration Motion by Commissioner Flowers, seconded by Commissioner Stokes, to extend the Emergency Resolution as requested. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 20.
B. Request approval to pay all duly authorized employee benefits of September 25, 2001 Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve to pay all duly authorized employee benefits in the amount of $68,740.82. Upon roll call, all Commissioners voted aye. Motion carried.
C. Request approval to adopt Capital Improvement Plan with revisions Commissioner Flowers presented a printout of the funding that has been provided to the Sebring Airport Authority by the Board of County Commission since 1993-94. The total amount recorded is $4.4 million. See SMB 39 Page 167. This includes the funding from the CRA. He encouraged the Board to deny any additional funding. OMB Director, Rick Helms, corrected the funding for Pendarvis Road to include $44,064 to be funded in 2002-03 and $539,654 in 2003-04. This amount takes in consideration the inflation factor for the materials. The Chair opened the floor to the public. Clayton Womer and Steve Roberts spoke in opposition to the Airport funding. Commissioner Flowers stated that he was in favor of the funding that was previously approved but not in favor of new funding. He reminded the Board of outstanding taxes owed to the County by the Raceway. Mike Willingham, Director of the Airport, reported that there is one particular parcel that is in litigation and when that is decided they will pay their taxes.
Commissioner Jackson stated that he will vote for adoption of the CIP but feels that some of the items need further review. He will want to justify each item in detail before he approves them.
County Administrator, Carl Cool spoke regarding future parking needs for the County and justification for the purchase of City Hall building. Commissioner Flowers spoke in favor of securing the building for future purposes. Chair Maxcy asked for a comprehensive plan on the courthouse expansion to include the number of courtrooms that are being used. Commissioner Flowers advised that the Committee will be bringing back a BOOK 19 PAGE 54 complete report on the addition. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to adopt the Capital Improvement Plan with revisions as listed. Upon roll call, all Commissioners voted aye. Motion carried.
D. Request approval of Budget amendments Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve Resolution and listed budget amendments: 00-01-422 (Emergency Management life and health Insurance) 00-01-427 (CDBG capital expenditures) 00-01- 428 (Guardian Ad Litem) 00-01-429 (Court Interpreter) 00-01-430 (Indigent criminal expenses) 00-01-432 ( 911expenses) 00-01-433 (911expenses) and 00-01- 434 (Avon Park Library insurance claim). Upon roll call, all Commissioners voted aye. Motion carried.
E. Request approval of Victims Crime Act Agreement- Sheriff’s Department Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve to execute the grant agreement with the Chairman’s signature. Upon roll call, all Commissioners voted aye. Motion carried.
F. Ross Macbeth - Request for Executive Session - Chatterpaul case The Board gave a consensus to set an executive session at 11:00 a.m. on October 2, 2001 to discuss litigation strategy regarding Chatterpaul case.
9. Adjourn The meeting adjourned at 12:05 p.m.
______Chairperson Attest: ______Clerk
*********************************************************************************** BOOK 19 PAGE 74
REGULAR MEETING OF THE BOARD, OCTOBER 23, 2001
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:
C Guy Maxcy Tom Portz Bob Bullard Bob Jamison Edgar Stokes J Ross Macbeth David Flowers Louise Graham Andrew Jackson
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by the Development Services Director, Jim Polatty. The Pledge of Allegiance was led by Clayton Womer.
3. ANNOUNCEMENTS A. Sheriff: Lt. Alex Whitbeck presented the daily jail log of inmate count for the period ending October 23, 2001.
B. Clerk Deputy Clerk, Bob Jamison, presented a Weekly Report of Court Services for the week ending 10/19/01 for the Highlands County Clerk of Courts, L. E. “Luke” Brooker. Mr. Jamison also responded to Commissioner Jackson’s question on fees being assessed for cases that are settled after jurors have been summonsed. Circuit Judge Donald Jacobsen advised that each defendant has a Constitutional right to a Jury Trial. The defendant may enter a plea to the charge at anytime without fees being assessed even up to the point when the Jury has notified the Court that they have reached a verdict. Commissioner Jackson asked if that is also true on a continuance. Mr. Jamison agreed to further research that question. See SMB 40 Page 1.
D. Upcoming County meetings Asst. County Administrator, Tom Portz, presented the upcoming meetings into the record. Additional meetings were announced for the benefit of the public.
4. Public Hearing to request placement of a lien on Case #CE0707-0079 Proof of Publication and Petition presented by Eddie Conklin, Code Enforcement Officer. See SMB 40 Page 2. The request is to place a lien on property located in Leisure Lakes in the amount of $1,886.00 to remove trees that have been determined to constitute a menace to the health, safety and welfare of the persons in that vicinity. The Chair opened the floor to the public. Motion by Commissioner Flowers, seconded by Commissioner Bullard, to place a lien on property, Case #CE0707-0079, located in Leisure Lakes in the amount of $1,886.00. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 40 Page 3.
5. Public Hearing to consider proposed zoning changes, small-scale plan amendments, and a consistency zoning change BOOK 19 PAGE 75
Petitions and Proof of Publications entered into the record by Development Services Director, Jim Polatty. See Proof of Pub Ord. Book 3 Page 1.
OLD BUSINESS: HEARING # CPA - 01-158SS - HAYWARD H. DAVIS - C/O J. M. WHITAKER Approximately 10 acres located in Section 8, Township 37 South, Range 30 East, Highlands County, Florida. Requesting a small-scale plan amendment from “Low Density Residential” to “Industrial.” See below Hearing #1583 for details.
HEARING #1583 - HAYWARD H. DAVIS - C/O J. M. WHITAKER Approximately 10 acres located in Section 8, Township 37 South, Range 30 East, Highlands County, Florida. Requesting a zoning change from AU (agricultural) to I-2 (industrial district). Applicant desires a salvage yard, storage, septic tank service, and wastewater treatment plant. The Local Planning Agency and the Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners to deny Hearing # CPA-01-158SS and P&Z 1583 as presented.
Commissioners originally tabled action on this hearing at their August 28th public hearing and requested that Mr. Davis work with staff and bring back a revised proposal. Mr. Polatty entered into the record a document from Mr. Hayward Davis, signed by J. M. Whitaker with restrictions listed. Petitions and numerous letters entered into the record in opposition. A letter was also entered into the record from the Highlands County Homeowners Association in opposition. See Whitaker file for copy of information.
The Chair opened the floor to the public. Bob Amann, representing the petitioner, requested that the property be zoned I-2 industrial with restrictions as requested when the Board tabled the issue. Ray Battani, Hank Kowalski, Don Linton, Don Reason and Jack Ritchie, representing the Homeowners Association, spoke in opposition to the development, stating environmental concerns for Lake Huntley. Ross Macbeth pointed out that documents provided by Mr. Whitaker have not been executed by Mr.Hayward Davis.
Motion by Commissioner Bullard, seconded by Commissioner Flowers, in accordance with the Local Planning Agency and the Planning and Zoning Commission, to deny CPA - 01-158SS and P&Z 1583 as submitted. Upon roll call, all Commissioners voted aye. Motion carried.
10:15 - 10:25 a.m.
NEW BUSINESS: HEARING # CPA - 01-165SS - CALOOSA YOUTH SUPPORT, INC. - C/O CLIFFORD R. RHOADES, ESQUIRE Approximately 9.6 acres located in Sec. 7, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a small-scale plan amendment from (Public Lands) to (Low Density Residential). See below Hearing #1594 for details.
HEARING #1594 - CALOOSA YOUTH SUPPORT, INC. - C/O CLIFFORD R. RHOADES, BOOK 19 PAGE 76
ESQUIRE Approximately 9.6 acres located in Sec. 7, Twp. 35S, Rge. 29E, Highlands County, Florida. Requesting a zoning change from CG-2 (Campground district) to EU (Estate district). Applicant desires to construct a single family residence. The Local Planning Agency and The Planning and Zoning Commission recommended to the Board of County Commissioners approval as presented. No letters were received for or against. The Chair opened the floor to the public. Cliff Rhoades, representing the petitioner, spoke in favor of the development. Commissioner Bullard asked for assurance that no waste water treatment plant will be located on the property. Mr. Rhoades assured him that a waste water treatment plant will not be constructed. Commissioner Jackson announced a conflict, since he represents Mr. and Mrs. Schlosser, whose property is under contract for purchase.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, in accordance with the Local Planning Agency, to adopt by Ordinance and by Resolution approving the zoning change, contingent upon approval of CPA - 01-165SS from DCA including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who abstained and entered into the record a memorandum of voting conflict. See SMB 40 Page 4. Motion carried. See Res. Book 15 Page 29.
HEARING #CPA - 01-166SS - DAN HOSEK - C/O PAMELA TAYLOR-KARLSON Approximately 5.04 acres located in Sec. 24, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a small-scale plan amendment from (Agriculture) to (Commercial). See below Hearing #1595 for details.
HEARING #1595 - DAN HOSEK - C/O PAMELA TAYLOR-KARLSON Approximately 5.04 acres located in Sec. 24, Twp. 33S, Rge. 28E, Highlands County, Florida. Requesting a zoning change from AU (Agricultural) to B-3 CU (Business district with a Conditional Use). Applicant desires to construct mini-warehouses. The Local Planning Agency and the Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval as presented. The Conditional Use being mini-warehouses. This hearing was previously approved, but the legal description was incorrect. The Chair opened the floor to the public. Cliff Rhoades, representing the petitioner, apologized for the error in the description. Commissioner Flowers spoke in favor, as the use is consistent with the area. Commissioner Bullard suggested that the Board correct the past error made by Attorney Rhoades office. Ross Macbeth advised that the County could initiate a rezone to correct an error that was made at the last hearing, whether the applicant applies or not. Commissioner Bullard and Flowers spoke in favor of correcting the error. Mr. Macbeth stated that the applicant would not have any comp plan or rezoning hurdles. There are some environmental concerns.
Motion by Commissioner Flowers, seconded by Commissioner Bullard, in accordance with the Planning and Zoning Commission, to approve and adopt by Resolution from AU (Agricultural) to B-3 CU (Business district with a Conditional Use), the Conditional Use being mini-warehouses, and adopt by Ordinance, contingent upon approval of CPA - 01-166SS from DCA and including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 30. BOOK 19 PAGE 77
HEARING # - 1596 - SPECIAL AREA 2A - CONSISTENCY ZONING CHANGES: Development Services Director, Jim Polatty, reported that affidavits were sent out to each of the property owners and all were in agreement except Mr. and Mrs. Balridge, who marked two options. All were recommended approval by the Planning and Zoning Board. There were eight letters in favor of the zoning changes. None in opposition. See SMB 40 Page 5. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Stokes, seconded by Commissioner Flowers, in accordance with the Planning and Zoning Commission, move to approve Hearing #1596 and adopt by Resolution. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 31.
SITE 1 - BRUCE V. PROCTER - Lot 29, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 2 - SOPHIA D. HAWTHORNE - Lots 27 and 28, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 3 - DAVID HALL - Lot 26, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 4 - CARRIE MICHELLE RICE - Lot 25, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 5 - RICHARD A. BROOKS TRUST - Lot 9, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 6 - THOMAS G. LYONS - Lot 8, Block 228, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 7 - MARILYN RUTH LORD TRUST - Lots 33 and 34, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 8 - RONALD G. & CAROLYN MCCONKEY - Lots 31 and 32, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 9 - NANCY J. MORRIS AND CAROL ANN KOLLER - Lot 30, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 10 - DONALD BROOKS - Lot 29, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 11 - MARVIN W. & AMY JUN BRUMMETT - Lot 27, Block 229, Leisure Lakes Section 5, as BOOK 19 PAGE 78 recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 12 - ANNA VOLZ - Lot 26, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 13 - EUGENE L. FOSTER - Lot 24, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 14 - WALTER L. & FREDA MOON - Lot 20, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 15 - GLENN WORLEY - Lot 21, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 16 - JAMES D. & MARY ANN SUNSTEN - Lot 22, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 17 - LOIS M. RIEGER - Lot 23, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
Requesting a zoning change from R-3 (Multiple Dwelling district) to R-1 (Residential district) on Sites 1 through 17 stated above.
SITE 18 - QUENTIN E. SMART - C/O DIANE SMART - Lots 10 and 11, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 19 - B. S. & CHANDRADAI GHISIAWAN - Lot 12, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 20 - WALTER M. & JULIA M. HOLLAND - Lots 13 and 14, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 21 - RICHARD & SHIRLEY RASMUSSEN - Lot 15, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 22 - LOUISE M. ADAMS - Lot 16, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 23 - AUDREY E. WARD AND ROY E. LAWSON III - Lot 17, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 24 - M. E. EICHBERGER SR. & JANE D. EICHBERGER - Lot 20, Block 230, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida. BOOK 19 PAGE 79
SITE 25 - MARIO B. NOLASCO - Lot 8, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 26 - CHERYL ANN BAILEY AND KASEY VIOLET CLARK - Lot 17, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 27 - GUY E. & ROZELLA SPOERLEIN - Lot 16, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 28 - GALE & MILDRED BALRIDGE - Lot 15, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 29 - ROSALINDA PIGON-REBELLO AND HYLLA F. REBELLO - Lots 13 and 14, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 30 - ADRIA J. ESTEVEZ - Lots 10 and 11, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 31 - K. P. & SELMA V. KARSTEN TRUST - Lots 6 and 7, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 32 - T. F. & VIRGINIA M. BURKHOLDER - Lots 3 and 4, Block 229, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 33 - GLANVILLE A. & ESCA M. SKEETE - Lot 12, Block 228, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 34 - GIUSEPPE CARUANA - Lot 11, Block 228, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 35 - ALFREDO & AURORA CRUZ - Lot 10, Block 228, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
SITE 36 - ELEUTERIO RAMOS - Lot 9, Block 228, Leisure Lakes Section 5, as recorded in Plat Book 6, Page 30 of the Public Records of Highlands County, Florida.
6. ACTION: Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve the Action agenda as amended: < Add Execution of Voter Education Agreement with Budget amendment 01-02-20 and Resolution as B-1. < Add budget amendment 01-02-18 as item D BOOK 19 PAGE 80
< Add Statewide Mutual Aide Agreement as item E < Add approval of Byrne Subgrant Multi Jurisdictional Task Force IV Grant with Budget amendment 01-02-21as F < Add Noise Ordinance Committee Appointment
Upon roll call, all Commissioners voted aye. Motion carried.
A. Request approval to pay all duly authorized employee benefits of October 23, 2001 Motion by Commissioner Stokes, seconded by Commissioner Bullard, to approve payment of duly authorized employee benefits in the amount of $127,800.75. Upon roll call, all Commissioners voted aye. Motion carried.
B. Supervisor of Elections: Discussion on voting machines Supervisor of Elections, Joe Campbell, presented recommendations to the Board for a blended system in order to provide accessibility to the disabled. He would like to provide an optical scan machine and one touch screen monitor for each of the 24 precincts to comply with the Americans with Disabilities Act provisions. He estimated the blended system at $435,000, but would like to negotiate with two vendors, Global, Inc. or ES&S for a reduction in price.
Commissioner Jackson noted that he feels uncomfortable telling the Supervisor of Election what type of system to buy. He is quite capable of making that decision and that is his responsibility. Motion by Commissioner Bullard, seconded by Commissioner Flowers, to authorize the Supervisor of Elections to seek bids for the purchase of the blended system. The Chair opened the floor to the public. Mary Joy Whelpton, a poll worker for Joe Campbell, asked why the Board has not put pressure on the Legislature to amend its order that all counties change their voting systems. She felt that the machines that we have in place now are adequate once the problems were identified. Chairperson Maxcy advised that the Florida Association of Counties did address this issue and could not find a sponsor for such legislation. Upon roll call, all Commissioners voted aye, except Commissioner Jackson, who voted nay. Motion carried. See SMB 40 Page 6 for copy of information.
1. Execution of updated Voter Education Agreement with Budget Amendment 01-02-20 and Resolution Motion by Commissioner Bullard, seconded by Commissioner Stokes, to approve execution of Voter Education Agreement with Budget amendment 01-02-20 and Resolution, to appropriate funding provided by the Division of Elections for education and recruitment of poll workers. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 32.
C. County Administrator: Request approval of Budget Amendment 00-01-438 Motion by Commissioner Bullard, seconded by Commissioner Jackson, to approve budget amendment 00- 01-438 to correct OPS line item deficit in the Commodity Program. Upon roll call, all Commissioners voted aye. Motion carried.
D. Request approval of Budget Amendment 00-02-18 Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve budget amendment 00- BOOK 19 PAGE 81
02-18 to reallocate funding to purchase necessary property for building expansion at the County Jail. Upon roll call, all Commissioners voted aye. Motion carried.
E. Statewide Mutual aide agreement Motion by Commissioner Flowers, seconded by Commissioner Stokes, to approve the Statewide Mutual aide agreement. Upon roll call, all Commissioners voted aye. Motion carried. See Emergency Management file.
F. Request for acceptance of the Byrne Subgrant Multi Jurisdictional Task Force Grant with Budget amendment 01-02-21 with Resolution Motion by Commissioner Bullard, seconded by Commissioner Flowers, to accept the Subgrant award Multi Jurisdictional Task Force Grant in the amount of $82,204 in accordance with the application and Budget amendment 01-02-21 and Resolution to appropriate the grant funds received for anti drug law enforcement. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 33. G. Noise Ordinance Committee Appointment Commissioner Flowers reported that Marcia Tucker has recently contacted him and requested consideration for appointment to the Noise Ordinance Committee. Her resume has been placed in the file for consideration. Mr. Frank McCormick has resigned from the Committee. Commissioner Flowers’ recommendation is to appoint Donald Fogle to the Committee as he has been involved since formation of the Committee. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to appoint Mr. Donald C. Fogle to the Committee. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 40 Page 7.
< Commissioner Bullard congratulated Friends of Istokpoga Lakes, Inc. in recognition of being named conservation organization of the year, 2001 by the Florida Wildlife Federation.
< Commissioner Jackson asked that staff notice upcoming vacancies on committees at least a month in advance.
Charles R. Anderson of Avon Park requested information on the Public Hearing for Winding Waters. Commissioner Stokes advised that the hearing will be held on November 6, 2001. There was not sufficient time for the hearing to be advertised to hold it on October 23, 2001.
7. Adjourn The meeting adjourned at 11:28 a.m.
______Chairperson
Attest: ______Clerk
********************************************************************************** BOOK 19 PAGE 103
PUBLIC HEARING OF THE BOARD, NOVEMBER 27, 2001
1. The meeting was called to order at 9:00 A.M. in the Board of County Commission Chambers at 600 S. Commerce Ave., Sebring, Florida, with the following members present:
C Guy Maxcy Carl Cool Bob Bullard Bob Jamison Edgar Stokes J Ross Macbeth David Flowers Louise Graham Andrew Jackson
2. INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with a prayer by Commissioner Andy Jackson. The Pledge of Allegiance was led by Tax Collector, Charles Bryan.
Chair Bullard commended Avon Park for the outstanding Christmas Parade and county staff for their participation with the County Float.
3. ANNOUNCEMENTS A. Sheriff: Lt. Susan Benton presented the daily jail log of inmate count for the period ending November 27, 2001.
B. Clerk Deputy Clerk, Bob Jamison, presented a Weekly Report of Court Services provided for the week ending 11/23/01 for the Highlands County Clerk of Courts, L. E. “Luke” Brooker. See SMB 40 Page 45.
D. Upcoming County meetings County Administrator, Carl Cool, presented the upcoming meetings into the record. Additional meetings were announced for the benefit of the public. Mr. Cool also reported to the Commissioners on the letter that was faxed to the legislators at the direction of the Board. Representative Machek faxed the letter that he had signed, stating that he was with the counties and will be against any shifting of funding obligations to the counties. This was the only response received from the legislators, but he will follow through with the other representatives and senators. Commissioner Maxcy spoke in support of no other mandates to the county.
4. Public Hearing to request Vacation of Easement - Sebring Ridge, Section G, Block 17, Lots 5-6 - Jeanette & Donald Jordan Petition and Proof of Publication entered into the record by Public Works Coordinator, Kim Motsinger. See SMB 40 Page 46. Staff is recommending approval of the vacation. No letters were received for or against the easement vacation. The Chair opened the floor to the public. No one spoke for or against the petition. Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to adopt the Resolution to vacate the utility easement as follows: An easement 15.00 feet in width lying in lots 5 and 6, Block 17, Sebring Ridge Section G, as per plat recorded in Plat Book 12, Page 28, of the Public Records of Highlands County, Florida: lying 7.50 feet left and right of the following described centerline; Begin at the Northeast corner of Lot 5, thence run South 34 degrees, 50 feet and 15 inches East and along the East line of Lot 5, a distance of 143.53 feet to end of description. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 53. BOOK 19 PAGE 104
1. Public Hearing to consider a Drainage Easement Public Works Coordinator, Kim Motsinger, presented request to accept a Drainage Easement from the Department of Environment Protection to ensure proper drainage of Windy Point Road and Boat Ramp Road in Lake Placid. No letters were received for or against the easement. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to accept the Drainage Easement request. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 40 Page 47.
2. Public Hearing to consider a Plat Vacation - Bonnet Lake Village - All Blocks 139 to 156 inclusive, Tract “C” Public Works Coordinator, Kim Motsinger, presented Proof of Publication and Petition to adopt Resolution to vacate Bonnet Lake Village Plat, all blocks 139 to 156 inclusive Tract “C.” See SMB 40 Page 48. All county departments have reviewed the Plat Vacation and they have no objection. Responses have been received from all Utility Companies and they have no objection. No letters were received into the record for or against the petition. Staff recommends approval of the Plat Vacation. The Chair opened the floor to the public. No one spoke for or against. Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to adopt Resolution vacating the Plat. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 54.
3. Public Hearing to request Vacation of Easement - Orange Blossom Estates - Unit 12 Public Works Coordinator, Kim Motsinger, presented Petition and Proof of Publication into the record. See SMB 40 Page 49. She requested that the Board adopt Resolution to vacate the utility easement as described in the petition. All county departments have reviewed the request, and have no objections. Responses have been received from all utility companies and they have no objections. Return receipts have been received from all adjacent property owners. Staff recommends approval of the vacation. Rick Whidden, representing the Walz family spoke in favor of the petition.
Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to adopt Resolution vacating the utility easement for Orange Blossom Estates, Unit 12. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 55.
4. First Public Hearing - Proposed changes to Chapter 12 (Zoning Code) Proof of Publication entered into the record by Development Services Director, Jim Polatty. See Proof of Pub Ord Book 2 Page 142. Staff’s recommendation is to hold the second Public Hearing on December 11, 2001 at 9:00 a.m. Mr. Polatty briefly explained the proposed Ordinance. The first amendment is to B-3, adding the option for the dairy farmer to sell dairy supplies, feed and fertilizer. Sections 2 and 3 proposes new zoning districts, at the request of the EDC, to be applied to proposed business and light industrial parks. The Planning and Zoning Commission approved with corrections as stated. Commissioner Bullard asked that on Page 4 the height of the wall be defined and on Page 10, revise language in item number 20 (a). Section 4 Boathouses and Docks, make corrections.
Commissioner Jackson left the meeting at 9:40 a.m. Commissioner Bullard presented suggestion for changes to Page 2 and 3. Mr. Polatty agreed to search for more suitable language. Motion by Commissioner Flowers, seconded by Commissioner Stokes, to proceed with the process and hold the second Public Hearing at 9:00 a.m. on December 11, 2001. Upon roll call, all Commissioners voted aye. Motion carried.
5. Public Hearing on proposed small-scale plan amendments, and a zoning change Petitions and Proof of Publications entered into the record for the below Hearings. See Proof of Pub Ord. BOOK 19 PAGE 105
Book 2 Page 143.
NEW BUSINESS: HEARING # CPA - 01-167SS - WILLIAM G. & LYNDA L. YOUNG - C/O JIM POLATTY, DEVELOPMENT SERVICES DIRECTOR Lot 324, Sebring Ridge, Section E, as recorded in P.B. 8, Pg. 53 of the Public Records of Highlands County, Florida. Requesting a small-scale plan amendment from “Medium Density Residential” to “Commercial.” The Local Planning Agency made a motion to recommend to the Board of County Commissioners approval of CPA - 01-167SS including the consistency findings in the staff report. This ordinance will correct a FLUM error. The Chair opened the floor to the public. No one spoke for or against the petition.
Motion by Commissioner Flowers, seconded by Commissioner Stokes, in accordance with the Local Planning Agency, to approve and adopt by Ordinance including the mandatory findings in the staff report. Upon roll call, all Commissioners voted aye. Motion carried.
HEARING # CPA - 01-169SS - JAMES HARRISON AND MARLENE HARRISON - C/O SHELLEY S. JOHNSTON Lots 12, 13, 20, and 21, Block 2, Highlands Park Estates, Section D, as recorded in P.B. 4, Pg. 86 of the Public Records of Highlands County, Florida. Requesting a small-scale plan amendment from “Agriculture” to “Commercial.” See below Hearing #1598 for details. HEARING #1598 - JAMES HARRISON AND MARLENE HARRISON - C/O SHELLEY S. JOHNSTON Lots 12, 13, 20, and 21, Block 2, Highlands Park Estates, Section D, as recorded in P.B. 4, Pg. 86 of the Public Records of Highlands County, Florida. Requesting a zoning change from B-2 (Limited Business district) to B-4 (Business district). Applicant desires to operate a vegetable packing house. The Local Planning Agency and the Planning and Zoning Commission made a motion to recommend to the Board of County Commissioners approval of CPA - 01-169SS and P&Z 1598 including the consistency findings in the staff report and the zoning change is contingent upon approval from DCA of the small-scale plan amendment. There were no letters received for or against the petition. The Chair opened the floor to the public. No one spoke for or against.
Motion by Commissioner Stokes, seconded by Commissioner Flowers, in accordance with the Local Planning Agency, to approve and adopt by Ordinance and including the mandatory findings in the staff report, and adopt by Resolution, to approve the zoning change and contingent upon approval of CPA - 01-169SS from DCA. Upon roll call, all Commissioners voted aye. Motion carried. See Res. Book 15 Page 55. 4. ACTION: Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve the Action agenda as amended. Upon roll call, all Commissioners voted aye. Motion carried.
A. Request approval to pay all duly authorized employee benefits of November 27, 2001 Motion by Commissioner Maxcy, seconded by Commissioner Stokes, to approve payment of duly authorized employee benefits in the amount of $123,783.95. Upon roll call, all Commissioners voted aye. Motion carried. See SMB 40 Page 50.
B. Lieutenant Susan Benton, Highlands County Sheriff’s Department: Request approval of Federal Equitable Sharing Agreement Lieutenant Susan Benton, representing the Sheriff’ Department, presented request for approval of a Federal BOOK 19 PAGE 106
Equitable Sharing Agreement. This agreement sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds and any interest earned. The new agreement is necessary due to the change in the new Chairman. Motion by Commissioner Flowers, seconded by Commissioner Maxcy, to approve the Federal Equitable Sharing Agreement, with execution by the new Chairman. Upon roll call, all Commissioners voted aye. Motion carried. See Sheriff file for copy.
C. Sheriff - Budget amendment 01-02-64 Motion by Commissioner Maxcy, seconded by Commissioner Flowers, to approve budget amendment 01- 02-64 to allocate grant funds into proper accounts for the Sheriff’s Department. Upon roll call, all Commissioners voted aye. Motion carried
D. Ross Macbeth - request to hold Executive Session per Fl. Statutes 286.011 (8) Highlands County V. Chatterpaul The consensus of the Board was to grant the request to hold an Executive Session on Tuesday, December 4, 2001 at 11:00 a.m. for purposes of discussing settlement negotiations or strategy sessions related to litigation expenditures.
11. Adjourn The meeting adjourned at 10:05 a.m.
______Chairperson Attest: ______Clerk
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